Legal Opinion

Parker v. Chase

Supreme Court of Vermont

Decided January 15, 1890PublishedCited by 12 opinions

Trover for the conversion of six cows. Heard on referee’s report at the September Term, 1889, Tyler, J., presiding. Judgment for the plaintiff. The defendants except. The facts appear in the opinion. The description in the mortgages was sufficient, and they were a valid lien upon the property. 55 Yt. 285 ; R. L. chaps. 65 and 99; Jones Chat.

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Trover for the conversion of six cows. Heard on referee’s report at the September Term, 1889, Tyler, J., presiding. Judgment for the plaintiff. The defendants except. The facts appear in the opinion. The description in the mortgages was sufficient, and they were a valid lien upon the property. 55 Yt. 285 ; R. L. chaps. 65 and 99; Jones Chat. Mort., ss. 53,55. The sale upon the execution could convey no greater title than the debtor had. 2 Yt. 120 ; 10 Yt 165 ; 26 Yt. 428. The plaintiff knew of these mortgages and was bound to make inquiry. 16 Yt. 179 ; 17 Yt. 329. The description in the…

1Opinion of the Court

The opinion of the court was delivered by

Munson, J-

This suit is to recover damages for the taking of six cows. The plaintiff claims title as purchaser at an execution sale. The defendants justify the taking under three chattel *207mortgages, given by tbe execution debtor before the attachment. The plaintiff contests the validity of the mortgages as regards the property in dispute. The question is as to the sufficiency of the •description.

One mortgage is of “ three cows,” and another of “ five cows,” neither containing any further designation. When these mortgages were given, the mortgagor had at…

2Cases cited3 opinions

  1. Newell v. WarnerNew York Supreme Court · 1865
  2. Croswell v. AllisSupreme Court of Connecticut · 1856
  3. Souders v. VoorheesSupreme Court of Kansas · 1887

3Cited by12 opinions

  1. United Bank & Trust Co. v. PowersCalifornia Court of Appeal · 1928
  2. Frick v. FritzSupreme Court of Iowa · 1902
  3. Shum v. ClaghornSupreme Court of Vermont · 1896
  4. Tilton v. H. M. Wade Mfg. Co.Court of Appeals for the Fourth Circuit · 1924
  5. National Cash Register Co. v. Norfolk City Realty Co.Supreme Court of Virginia · 1910

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