Desany v. Thorp
Supreme Court of Vermont
The cases were tried together. The first is trover with a count in trespass; the second, trover in two counts. Plea, the general issue in each case. Trial by court at the September Term, 1896, Chittenden County, Tyler, J., presiding. Judgment for the plaintiff* in each case. Both parties excepted.
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The cases were tried together. The first is trover with a count in trespass; the second, trover in two counts. Plea, the general issue in each case. Trial by court at the September Term, 1896, Chittenden County, Tyler, J., presiding. Judgment for the plaintiff* in each case. Both parties excepted. The court found the following facts: The defendant was appointed guardian unto George H. Thorp in June, 1894. April 21, 1884, George H. Thorp had conveyed to the plaintiff Desany a farm of one hundred acres by a deed which contained the following clause, “also thirteen cows, all the sugar tools,…
1Opinion of the CourtMunson, J.
These cases were heard together. Thorp, the defendant in both suits, held against Desany, the plaintiff in the first suit, a real estate mortgage, two chattel mortgages, and a lien reserved upon the transfer of certain personal property in a real estate conveyance; and after conditions broken he brought suits of foreclosure and attachment, and took possession of both the real and personal property, and had certain personal property sold under the lien and the second chattel mortgage. Wilbur, the plaintiff in the second suit, is Desany’s assignee in insolvency. The cases will be considered…
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