National Bank v. Miller
Supreme Court of Vermont
Replevin to recover one mare and colt. Heard upon the report of a referee at the December term, 1893, Orange county, Start, J., presiding. Judgment pro forma for the return of the property, and that the defendants recover their costs. The plaintiff excepts.
Read the full summary
Replevin to recover one mare and colt. Heard upon the report of a referee at the December term, 1893, Orange county, Start, J., presiding. Judgment pro forma for the return of the property, and that the defendants recover their costs. The plaintiff excepts. The plaintiff claimed title to the property under a chattel mortgage, it being the same chattel mortgage drawn in question in the suit First National Bank of Chelsea v. Fitts, supra, 57. The plaintiff placed this mortgage in the hands of one Collins, a deputy sheriff, with instructions to advertise and sell the property therein named…
1Opinion of the CourtStart, J.
The plaintiff claims the property replevied under a chattel mortgage from defendant Fitts. Defendant Miller claims that, at the time the property was replevied, he had lawful possession of it for the purpose of a sale upon an execution against Fitts. It is found that defendant Miller, as deputy sheriff, took the property from the possession of defendant Fitts upon an execution against him and posted it for sale; and that, before the day of sale, it was taken from his possession upon the replevin writ in this'case.
In order for the plaintiff to maintain its action of replevin, the burden was on…
2Cases cited1 opinion
- William Dearing & Co. v. SmithSupreme Court of Vermont · 1893
3Cited by1 opinion
- In re CloughDistrict Court, D. Vermont · 1912