Kendall v. Hathaway
Supreme Court of Vermont
These two suits were heard together, the question in each being the same. The first was trover for a shingle mill, and the second replevin for a circular saw-mill and cider mill. Trial by court at the May term, 1894, Windsor county, Thompson, J., presiding. Upon the facts found judgment was given in the trover suit for the defendants to recover their costs, and in the replevin suit for a return of the property, one cent damages and costs. The plaintiff excepts.
Read the full summary
These two suits were heard together, the question in each being the same. The first was trover for a shingle mill, and the second replevin for a circular saw-mill and cider mill. Trial by court at the May term, 1894, Windsor county, Thompson, J., presiding. Upon the facts found judgment was given in the trover suit for the defendants to recover their costs, and in the replevin suit for a return of the property, one cent damages and costs. The plaintiff excepts. The plaintiff owned a farm which he sold to one Tracy, who mortgaged back for the purchase money. Subsequently Tracy sold a small…
1Opinion of the CourtRoss, C. J.
These cases were heard together. The first named is replevin, and the last trover. The parties in interest are the-same in both cases. The first is to recover a circular saw-mill, a cider mill, and some machinery. The second is to recover for a shingle machine. The rights of plaintiff to the property in both suits, if any, are derived from a mortgage of a farm from the grantor of the defendant Hathaways, executed in 1866. At that time the part of the farm on which the property sued for was afterwards placed and used, was unimproved, and the mortgage contains no words descriptive of the…
2Cases cited9 opinions
- Fullam v. StearnsSupreme Court of Vermont · 1857
- Hill v. WentworthSupreme Court of Vermont · 1856
- Davenport v. John G. Shants & Co.Supreme Court of Vermont · 1871
- Sturgis v. WarrenSupreme Court of Vermont · 1839
- Cheeny v. ClarkSupreme Court of Vermont · 1830
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Giddings v. FreedbeyCourt of Appeals for the Second Circuit · 1904