Brigham v. Avery
Supreme Court of Vermont
TRESPASS for a lot of live stock, farming tools, &c. Plea, the general issue, and notice of justification under process, and under a mortgage of said property hereinafter mentioned. Trial by the court, December Term, 1875, Powers, J., presiding. Tbo plaintiff proved the taking of the property declared for.
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TRESPASS for a lot of live stock, farming tools, &c. Plea, the general issue, and notice of justification under process, and under a mortgage of said property hereinafter mentioned. Trial by the court, December Term, 1875, Powers, J., presiding. Tbo plaintiff proved the taking of the property declared for. He also gave in evidence a lease between himself of the one part, and Perley Belknap and the defendant Daniel Belknap of the other part, dated March 12, 1872, and proved that he went into possession of the farm and property therein described, at the commencement of the term thereby created,…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The right to take property by attachment on mesne processes given by statute. It did not exist at common law. To justify such taking, the provisions of the statute giving the right, must be complied with. Until the statute conferred the right upon a creditor to attach the reversionary interest of a lessor in personal property in the possession of the lessee, no valid attachment thereof could be made. Smith v. Niles, 20 Vt. 315. Now that the statute (Gen. Sts. c. 33, ss. 31, 32,) has conferred the right of attaching such property, to create a…
2Cases cited1 opinion
- Smith v. NilesSupreme Court of Vermont · 1848
3Cited by5 opinions
- Loewe v. Savings Bank of DanburyCourt of Appeals for the Second Circuit · 1916
- Desany v. ThorpSupreme Court of Vermont · 1897
- Barnes v. HallSupreme Court of Vermont · 1883
- Pond v. BakerSupreme Court of Vermont · 1885
- Bartlett v. WilsonSupreme Court of Vermont · 1888