Legal Opinion

Towner v. Bliss

Supreme Court of Vermont

Decided August 15, 1878PublishedCited by 1 opinion

Trover for certain millinery. Pleas, the general issue, and a special plea in bar, that on October 11, 1876, plaintiff sold the property in question, with other property, to Abbott, reserving a lien thereon to secure payment of the purchase money, and that the lien was recorded the same day; that on the same day Boutelle prayed out a writ of attachment against Abbott, and delivered it to defendant, a constable, to serve and return; that defendant then attached as the…

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Trover for certain millinery. Pleas, the general issue, and a special plea in bar, that on October 11, 1876, plaintiff sold the property in question, with other property, to Abbott, reserving a lien thereon to secure payment of the purchase money, and that the lien was recorded the same day; that on the same day Boutelle prayed out a writ of attachment against Abbott, and delivered it to defendant, a constable, to serve and return; that defendant then attached as the property of Abbott, “ the conditional purchase ” of said property; that on October 14, plaintiff brought this action, without…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

This is an action of trover brought to recover for certain millinery goods. Pleas, the general issue, and a special plea in bar.

The special plea admits that the goods described in the declaration, with other goods, were sold by the plaintiff to Abbott, and *61that the plaintiff reserved a lien on them to secure the payment of the purchase-money, and that the contract evidencing the lien was seasonably recorded in the town cleric’s office, and justifies the taking of the goods by the defendant on the 11th day of October, 1876, as constable, on a…

2Cases cited3 opinions

  1. Duncan v. StoneSupreme Court of Vermont · 1872
  2. Fales v. RobertsSupreme Court of Vermont · 1866
  3. Hefflin v. BellSupreme Court of Vermont · 1858

3Cited by1 opinion

  1. Reed v. WithamSupreme Court of Vermont · 1935

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