Weeks v. Wead
Supreme Court of Vermont
ERROR, to reverse a judgment of Franklin county court. The action below was trespass for taking a horse. Plea, not guilty; with special notice, that the defendant below would give in evidence on the trial, that he, as high bailiff of said county, took the horse from the possession of one Brenton Freeman, and sold him as his property, by virtue of an execution, to him directed, in favour of Shiveric Holmes, the sheriff of said county, against the said Brenton Freeman and one…
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ERROR, to reverse a judgment of Franklin county court. The action below was trespass for taking a horse. Plea, not guilty; with special notice, that the defendant below would give in evidence on the trial, that he, as high bailiff of said county, took the horse from the possession of one Brenton Freeman, and sold him as his property, by virtue of an execution, to him directed, in favour of Shiveric Holmes, the sheriff of said county, against the said Brenton Freeman and one Welcome Freeman. It appeared on the trial, that the horse in question, together with another horse, were purchased by…
1Opinion of the Court
The opinion of the Court was pronounced by
Prentiss, J.
It has been repeatedly decided in this state, that to give validity to the sale of personal chattels, as against *67creditors, there must be an actual and visible change of possession, and that the retention of the possession by the vendor will render the conveyance fraudulent and void. This doctrine was recognized and adopted in the case of Durkey vs. Mahoney, decided at the last term in Chittenden county, and, it is believed, has been uniformly acted upon by the courts of this state, for the last fifteen years.
Although a valuable…
2Cases cited3 opinions
- Hamilton v. RussellSupreme Court of the United States · 1803
- Brooks v. PowersMassachusetts Supreme Judicial Court · 1818
- Dawes v. CopeSupreme Court of Pennsylvania · 1811
3Cited by3 opinions
- Kingsley v. WhiteSupreme Court of Vermont · 1885
- Thompson-Starrett Co. v. PlunkettSupreme Court of Vermont · 1915
- Fuller v. SearsSupreme Court of Vermont · 1833