Chase v. Elkins
Supreme Court of Vermont
This was an action of trespass for taking and carrying away a pair of two-year-old steers. It was commenced before a justice of the peace, and was brought into the county court by appeal. Jugdment was there rendered for the plaintiff on a case agreed to by the parties.
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This was an action of trespass for taking and carrying away a pair of two-year-old steers. It was commenced before a justice of the peace, and was brought into the county court by appeal. Jugdment was there rendered for the plaintiff on a case agreed to by the parties. The defendant excepted to the decision, and removed the cause to this Court for a revision of the judgment.— The case thus agreed on is as follows i ^Samuel Chase, father to the plaintiff, in the year 1825, was bankrupt and poor; and he ever since has been, and now is, a poor man, and unable to pay his debts. In that year, he…
1Opinion of the Court
' Hutchinson, J.
delivered the opinion of the Court. If the steers in question were the property of Samuel Chase, the father, the defendant by his pre&ept and office had a good right to take and sell them : otherwise, not. The. case states, that the plaintiff bought them with the money he earned during the last year of his minority, he having first paid his father for the whole sum due him for the son’s time ; and that the son lent them to the father, who had them in use when the defendant attached them. And no reason is shown why the cattle do not belong to the plaintiff, provided a poor man,…
2Cited by6 opinions
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- Halliday v. MillerWest Virginia Supreme Court · 1887
- In re DunavantDistrict Court, W.D. North Carolina · 1899
- Bray v. WheelerSupreme Court of Vermont · 1857
- Hall v. HallSupreme Court of New Hampshire · 1860
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