Pitkin v. Parks
Supreme Court of Vermont
Trial by jury, September Term, 1880, Washington County, Redfield, J. presiding. Action, trover ; plea, the general issue, with notice that the defendant would justify the conversion as collector, &c. The court, pro forma, ordered a verdict for the plaintiff; and rendered judgment on the verdict. The case is stated in the opinion.
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Trial by jury, September Term, 1880, Washington County, Redfield, J. presiding. Action, trover ; plea, the general issue, with notice that the defendant would justify the conversion as collector, &c. The court, pro forma, ordered a verdict for the plaintiff; and rendered judgment on the verdict. The case is stated in the opinion. If it was understood that Pitkin was to pay the taxes, then this suit cannot be sustained; and that question should have been submitted to the jury. 6 Yt. 191; Jones v. Booth, 10 Yt. 268 ; 11 lb. 621; 35 lb. 77 ; 46 lb. 458; 48 lb. 358. If this farm was not set to…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The County Court ordered a verdict for the plaintiff. This was error if there was evidence in the case tending to *303defeat the plaintiff’s right of recovery, inasmuch as the defendant would have the right to go to the jury upon the effect and weight to be given to such testimony. The question in contention is whether a certain farm in Marshfield was properly set to the plaintiff in the grand list of 1879.
On the trial it appeared that the record title of the farm, as shown by the town records, stood in the plaintiff April 1, 1879. The plaintiff…
2Cited by1 opinion
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