Blodgett v. Adams
Supreme Court of Vermont
Trover, for a quantity of hay, corn, rye, oats and wood. Plea, general issue and trial by the court. The plaintiff proved, that as sheriff of Chittenden County, on the fifth day of September, 1848, he attached, as the property of the defendant, by virtue of a writ of attachment, in favor of Strong, Doolittle & Co., “ all the hay and grain situated in Burlington, in “ the barns on the farm or farms of land owned or occupied by “ said defendant in Burlington, and left a .copy…
Read the full summary
Trover, for a quantity of hay, corn, rye, oats and wood. Plea, general issue and trial by the court. The plaintiff proved, that as sheriff of Chittenden County, on the fifth day of September, 1848, he attached, as the property of the defendant, by virtue of a writ of attachment, in favor of Strong, Doolittle & Co., “ all the hay and grain situated in Burlington, in “ the barns on the farm or farms of land owned or occupied by “ said defendant in Burlington, and left a .copy of,” &c., &c., that the writ was returned and a judgment thereon, and execution issued, on which the sheriff, E. D.…
1Opinion of the Court
*25Tite opinion of the court was delivered by
Royce, Ch. J.
The case involves no question to be considered, except in relation to the hay sued for, though other property was also embraced in the declaration. The plaintiff acquired a special property in the hay, by attaching it in a manner authorized by statute. By the same means he also acquired a sufficient possession to enable him to support trespass or trover for any wrongful taking or conversion of it. Lowrey v. Walker, 4 Vt. 76, S. C. 5 Vt. And the action can as well be sustained against the defendant in the attachment, as against a stranger.…
2Cases cited3 opinions
- Bliss v. StevensSupreme Court of Vermont · 1831
- Lowry v. WalkerSupreme Court of Vermont · 1831
- Ayer v. JamesonSupreme Court of Vermont · 1837
3Cited by2 opinions
- Pond v. BakerSupreme Court of Vermont · 1885
- Mussey v. PerkinsSupreme Court of Vermont · 1864