Rice v. Andrews
Supreme Court of Vermont
Book Account. — The only item in the plaintiff’s account disputed by the defendant was a charge of seven dollars and thirty cents for a harrow sold by the former to the latter.
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Book Account. — The only item in the plaintiff’s account disputed by the defendant was a charge of seven dollars and thirty cents for a harrow sold by the former to the latter. It appeared that the plaintiff, who was a deputy sheriff, had taken upon an execution against a townsman of himself and the defendant a large quantity of farming tools, &c., and among them three or four harrows ; that he advertised this property for sale upon such execution, and on the appointed day sold it at auction ; that the harrow charged to the defendant was in fact the property of the plaintiff, ánd had not been…
1Opinion of the Court
Redfield, Ch. J.,
I. The first question made in the present case is, whether a sheriff, having advertised property for sale on execution, and selling property of his own, at auction, at the same time and place, of the same kind advertised, and without making known that it is not the property advertised on the execution, the bidder supposing it is, and bidding with that belief, is on that account precluded from recovering the price of the property so sold.
There is nothing in the present case to show that the proceedings of the sheriff, in any way interfered with the sale upon the execution,…
2Cases cited1 opinion
- Scott v. MontagueSupreme Court of Vermont · 1844
3Cited by4 opinions
- Wheeler v. HarrahOregon Supreme Court · 1886
- Hale v. JonesSupreme Court of Vermont · 1876
- Messenger v. WogeColorado Court of Appeals · 1904
- Messenger v. WogeColorado Court of Appeals · 1904