Bailey v. Quint
Supreme Court of Vermont
Tjrover for a quantity of boards. Plea, the general issue, with notice, that the defendant attached and sold the property, in due form of law, as sheriff, as the property of one Harrison Bailey, upon process against Harrison Bailey and others in favor of one Buchanan. Trial by jury, June Term, 1849, Redfield, J., presiding.
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Tjrover for a quantity of boards. Plea, the general issue, with notice, that the defendant attached and sold the property, in due form of law, as sheriff, as the property of one Harrison Bailey, upon process against Harrison Bailey and others in favor of one Buchanan. Trial by jury, June Term, 1849, Redfield, J., presiding. The evidence tended to prove, that the logs, from which the boards in question were sawed, were the property of Harrison Bailey, and that he procured them to be sawed at a mill owned by William Bolton and occupied by John Bolton ; that after the boards were sawed, the mill…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
It may be true, that the existence and exercise of a lien will defeat the right of the general owner of personal property to maintain trespass; but it must, most clearly, be a lien in exercise before the trespass is committed. If the person, in whose favor the lien would exist, had never asserted it, the mere existence of some such dormant right could not be permitted, I think, to defeat the action of the general owner for a trespass, or conversion, committed by a mere stranger. But we think the facts in this case show, that the sawyer had…
2Cited by4 opinions
- McDougall v. . CraponSupreme Court of North Carolina · 1886
- Pettingill v. ElkinsSupreme Court of Vermont · 1878
- Hammond v. PlimptonSupreme Court of Vermont · 1858
- Hanchett v. First National BankAppellate Court of Illinois · 1888