Heald v. Sargeant
Supreme Court of Vermont
This was an action of trespass, for taking a bureau, brought by appeal from a justice of the peace. The defendant pleaded a special plea in bar, alleging that on the 19th of April, 1836, he attached said bureau, by virtue of a writ of attachment against one Samuel Walker, 2d, directed to him as constable of the town of Chester, which bureau was the joint property of the plaintiff and said Samuel Walker, each owning an undivided half thereof; that he returned said writ to the…
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This was an action of trespass, for taking a bureau, brought by appeal from a justice of the peace. The defendant pleaded a special plea in bar, alleging that on the 19th of April, 1836, he attached said bureau, by virtue of a writ of attachment against one Samuel Walker, 2d, directed to him as constable of the town of Chester, which bureau was the joint property of the plaintiff and said Samuel Walker, each owning an undivided half thereof; that he returned said writ to the justice of the peace who issued the same, and that a judgment was rendered thereon, against said Walker; that a writ of…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
Many questions have been moved by the counsel in the discussion of this case, which we are not. prepared to determine. In the case of Ladd v. Hill, 4 Vt. 164, it would seem to have been determined, that a sale upon execution of the entire chattel, although upon the debt of but one of the tenants in common, did devest the title of the other tenant, and was, in law, a conversion of his interest. Where the taking was on the execution, the sale would, in that view, be such an abuse of the authority, as would make the officer a trespasser ab…
2Cases cited1 opinion
- Ladd v. HillSupreme Court of Vermont · 1832
3Cited by1 opinion
- Bentley v. WhiteSupreme Court of Vermont · 1882