Griffith v. Fowler
Supreme Court of Vermont
Trespass for taking a shearing machine. The case was submitted upon a statement of facts, agreed to by the parties, from which it appeared, that in 1836 the defendant, being the owner of the machine in question, lent it to one Freeman, to use in his business as a clothier, who was to pay a yearly rent therefor, and in whose possession it remained until the year 1841, when it was sold at sheriff’s sale, on execution, as the property of Freeman, and ohe Richmond became the…
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Trespass for taking a shearing machine. The case was submitted upon a statement of facts, agreed to by the parties, from which it appeared, that in 1836 the defendant, being the owner of the machine in question, lent it to one Freeman, to use in his business as a clothier, who was to pay a yearly rent therefor, and in whose possession it remained until the year 1841, when it was sold at sheriff’s sale, on execution, as the property of Freeman, and ohe Richmond became the purchaser; that Richmond, in January, 1842, sold the machine to the plaintiff, who at the same time purchased of Freeman…
1Opinion of the Court
*392The opinion of the court was delivered by
Redfield, J.
The only question reserved in this case is, whether a title to personal property, acquired by purchase at sheriff’s sale, is absolute and indefeasible against all the world, or whether such sale only conveys the title of the debtor.
There has long been an opinion, very general, I think, in this state, not only among the profession, but the people, that a purchaser at sheriff’s sale acquires a good title, without reference to that of the debtor, that such a sale, like one in market overt in England, conveys an absolute title. But, upon…
2Cases cited3 opinions
- Wheelwright v. DepeysterNew York Supreme Court · 1806
- Austin v. TildenSupreme Court of Vermont · 1842
- Heacock v. WalkerSupreme Court of Vermont · 1802
3Cited by8 opinions
- Young v. KellarSupreme Court of Missouri · 1887
- Smith v. NilesSupreme Court of Vermont · 1848
- Sanborn v. KittredgeSupreme Court of Vermont · 1847
- Hershy v. LathamSupreme Court of Arkansas · 1883
- Lull v. MatthewsSupreme Court of Vermont · 1847
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