Batchelder v. Jenness
Supreme Court of Vermont
Trespass and trover for crops. Hoard on a referee’s report, September Term, 1885 j Washington County, Powers, J., presiding. Judgment pro form a for the plaintiff.
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Trespass and trover for crops. Hoard on a referee’s report, September Term, 1885 j Washington County, Powers, J., presiding. Judgment pro form a for the plaintiff. It appeared from the report, that in October, 1877, Luceba Bagley was the owner of a farm in Albany, in tins State, on which was an outstanding mortgage to one Anderson; that in said October said Luceba, with her husband, Gideon Bagley, deeded the farm to Myron Dunn, Dunn assuming the Anderson mortgage ; that the Bagleys in -their deed, retained a lien on the growing crops as follows : “ And the crops raised on. the farm are to be,…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J. I.
The contention. that the reservation of the crops to be grown upon the premises, to Luceba Bagley, until the note now owned by the plaintiff is paid, made in the deed from Gideon and Luceba Bagley to Myron Dunn, was a conditional sale of such crops by Luceba to Myron Dunn, and required by section 1992 R. L., to be evidenced by a written memorandum signed by Dunn, and recorded in the town clerk’s office, cannot bo sustained. At the time of the conveyance the crops had only a potential existence in the soil of the premises, and were reserved…
2Cases cited3 opinions
- Smith v. AtkinsSupreme Court of Vermont · 1846
- Walworth v. JennessSupreme Court of Vermont · 1886
- Dickerman v. RaySupreme Court of Vermont · 1883
3Cited by8 opinions
- Newell Brothers v. HansonSupreme Court of Vermont · 1924
- Desany v. ThorpSupreme Court of Vermont · 1897
- Buzzell v. CummingsSupreme Court of Vermont · 1888
- Credito y Ahorro Ponceno v. GorbiaCourt of Appeals for the First Circuit · 1928
- Darling v. RobbinsSupreme Court of Vermont · 1888
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