Wolcott v. Hamilton
Supreme Court of Vermont
Trespass da bonis and trover for certain personal property. The case was referred, and was heard at the September term of the Essex County Court, 1887, on the report of the referee, Eoyce, J., presiding. Judgment, pro forma, for the plaintiff to recover of the defendant the sum of $507.37 and costs. Exceptions by the defendant.
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Trespass da bonis and trover for certain personal property. The case was referred, and was heard at the September term of the Essex County Court, 1887, on the report of the referee, Eoyce, J., presiding. Judgment, pro forma, for the plaintiff to recover of the defendant the sum of $507.37 and costs. Exceptions by the defendant. The referee . reported the following facts: The property sued for had been taken and sold by the defendant as an officer on an execution against one Hiram Wolcott, and this was the trespass complained of. Hiram and the plaintiff were brothers. Previously to April,…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
The plaintiff can recover for the Wagon, what-, •ever the character of his possession of the farm. The taking of it to Goodwin’s shop for repairs, and its remaining there for about a year under the agreement found, where it was when levied upon, constituted a sufficient change of possession as against the creditors of the execution debtor. Bailey v. Quint, 22 Vt. 464. But he seeks to recover only $28 for it, its valuer less the amount the defendant paid for repairs upon it.
No claim is made for the shingles that were sold.
*84Plaintiff concedes…
2Cases cited8 opinions
- Willard v. Town of NewburySupreme Court of Vermont · 1850
- Bellows v. WellsSupreme Court of Vermont · 1864
- State v. MeakerSupreme Court of Vermont · 1881
- Leavitt v. JonesSupreme Court of Vermont · 1882
- Cooper v. ColeSupreme Court of Vermont · 1865
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Power Mercantile Co. v. Moore Mercantile Co.Montana Supreme Court · 1918
- Darling v. RickerSupreme Court of Vermont · 1896
- Corey v. McLean and TrusteeSupreme Court of Vermont · 1926
- Zeigler v. BlechaNorth Dakota Supreme Court · 1930
- Lyons v. AdelSouth Dakota Supreme Court · 1917