Cobb v. Buswell
Supreme Court of Vermont
Trespass for two horses, two team harnesses, and one two horse wagon. Plea, the general issue, with notice. Trial hy jury, June' Term, 1864, Orleans County, Poland, Ch. J., presiding. The plaintiff read in evidence three mortgage deeds from Jefferson Wooster to himself, and produced the notes described therein, and proved that the same were unpaid, and that the property sued for was a part of the property described in the mortgage deeds.
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Trespass for two horses, two team harnesses, and one two horse wagon. Plea, the general issue, with notice. Trial hy jury, June' Term, 1864, Orleans County, Poland, Ch. J., presiding. The plaintiff read in evidence three mortgage deeds from Jefferson Wooster to himself, and produced the notes described therein, and proved that the same were unpaid, and that the property sued for was a part of the property described in the mortgage deeds. At the date of these deeds, the plaintiff and Jefferson Wooster were both residents of Hanover, New Hampshire, and both continued to reside there until after…
1Opinion of the CourtPeck, J.
The plaintiff claims title under three mortgages from Wooster to him. The defendant justifies the taking under writs of attachment and executions against Wooster. No question is made by the counsel for the plaintiff but that the mortgages were regularly executed and recorded according to the laws of New Hampshire, where the parties resided and where the property was then situated. Nor is any question made but that by the statute of New Hampshire the plaintiff might let the property remain in the possession and use of the mortgagor without subjecting it to attachment as the mortgagor’s…
2Cases cited5 opinions
- Montgomery v. WightMichigan Supreme Court · 1860
- Taylor v. BoardmanSupreme Court of Vermont · 1853
- Jones v. TaylorSupreme Court of Vermont · 1857
- Rice & Danenbaum v. CourtisSupreme Court of Vermont · 1860
- Skiff v. SolaceSupreme Court of Vermont · 1851
3Cited by12 opinions
- Keenan v. StimsonSupreme Court of Minnesota · 1884
- Lane v. J. E. Roach's Banda Mexicana Co.New Jersey Court of Chancery · 1911
- Flora v. Julesburg Motor Co.Supreme Court of Colorado · 1920
- Wilson v. RustadNorth Dakota Supreme Court · 1898
- Cleveland MacHine Works v. LangSupreme Court of New Hampshire · 1892
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