Walston v. Allen
Supreme Court of Vermont
Replevin. Plea, the general issue. Trial by court at the December Term, 1908, Addison County, Butler, J., presiding. Judgment for the defendant. The plaintiff: excepted. The opinion states the case. A woman may acquire full title to personal property by gift from her husband. Fletcher v. Wakefield, 75 Yt. 257; Ross et ux. V. Draper, 55 Yt.. 404.
1Opinion of the CourtPowers, J.
The horse replevied in this suit was given by the plaintiff to his wife, Lunia C., and ever thereafter treated as her sole and separate property. Later on, when they had trouble and separated, she took the horse and kept and controlled it until she sold and delivered it to the defendant in the fall of 1908. The trial below was by the court, and judgment was rendered for the defendant.
1. Mrs. Walston was allowed to testify to a statement in the nature of an admission made by the plaintiff in her presence to one Butler. But later in the trial, at the defendant’s request, this testimony was…
2Cases cited14 opinions
- Stevens v. . BrennanNew York Court of Appeals · 1879
- Bent v. BentSupreme Court of Vermont · 1872
- Child v. PearlSupreme Court of Vermont · 1870
- Leavitt v. JonesSupreme Court of Vermont · 1882
- Brown v. BrownNebraska Supreme Court · 1906
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3Cited by6 opinions
- Platt v. ShieldsSupreme Court of Vermont · 1923
- Comstock's Admr. v. JacobsSupreme Court of Vermont · 1912
- Bloomstrand v. Stevens Et Ux.Supreme Court of Vermont · 1931
- Cook v. LaneSupreme Court of Vermont · 1912
- Dunn v. WilliamsSupreme Court of Vermont · 1935
1 more not listed; retrieve them via the Exa API.