Legal Opinion

Spring v. Chipman

Supreme Court of Vermont

Decided February 15, 1831PublishedCited by 1 opinion

This was trespass for a yoke of oxen, to which the defendant pleaded the general issue, accompanied with a notice, that the oxen were attached by him on legal process against one Bixby.

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This was trespass for a yoke of oxen, to which the defendant pleaded the general issue, accompanied with a notice, that the oxen were attached by him on legal process against one Bixby. The facts in evidence at the trial were these: — The oxen in question had been part of an estate in the neighborhood of the present parties, and at an auction sale of said estate by the administrator, were offered and cried for sale in the usual manner, with an express condition, that the bidder should either pay down the amount of his bid, or give a note for the same at ninety days, with approved security.…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

— The single question to be determined is, whether the facts proved 'conclude the plaintiffs in law; for the case was not put upon the purpose of the parties in point of fact.

It is a well known principle of our law, that possession must accompany and follow a sale of personal property, unless it be a sheriff’s sale on execution. The doctrine was first applied to secret sales from a debtor to his creditor, without a change of possession ; and on principles of policy, in favor of other creditors, such sales were held conclusively fraudulent and…

2Cases cited1 opinion

  1. Tobias v. FrancisSupreme Court of Vermont · 1830

3Cited by1 opinion

  1. Hull v. HullSupreme Court of Connecticut · 1880

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