Gassett v. Sargeant
Supreme Court of Vermont
Trover for a quantity of cheese, and certain other personal property. Plea, the statute of limitations as to all the property but the cheese and not guilty as to that. Trial by the court. On the trial, the plaintiff abandoned the right to recover as to all the property mentioned in the declaration, except said cheese.
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Trover for a quantity of cheese, and certain other personal property. Plea, the statute of limitations as to all the property but the cheese and not guilty as to that. Trial by the court. On the trial, the plaintiff abandoned the right to recover as to all the property mentioned in the declaration, except said cheese. The court found from the proof the following facts : That on the first day of April, 1841, the plaintiff and one Jesse Stedman owned each an undivided half of said cheese, and that the same was in their possession, in the town of Chester; that while they thus owned said cheese,…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
The leading question in this caséis, whether the defendant’s proceeding with the property was equivalent to a public sale of the whole property. If so, it is well settled that plaintiff may maintain trover for his interest therein. Ladd v. Hill, 4 Vt. 164. Bradley v. Arnold, 16 Vt. 382. White v. Morton, 22 Vt. 15. This is regarded as settled law, in this state, notwithstanding we hold, that the sale of the entire chattel, by one tenant in common, will not enable his co-tenant to maintain trespass, or trover, against him, inasmuch as the…
2Cases cited9 opinions
- Ladd v. HillSupreme Court of Vermont · 1832
- McNamee v. BuckSupreme Court of Vermont · 1856
- Reed v. ShepardsonSupreme Court of Vermont · 1829
- Whitney v. LaddSupreme Court of Vermont · 1838
- Bradley v. ArnoldSupreme Court of Vermont · 1844
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3Cited by3 opinions
- First State Bank v. Jones NixonCourt of Appeals of Texas · 1910
- Spaulding v. OrcuttSupreme Court of Vermont · 1883
- First State Bank of Hamlin v. JonesCourt of Appeals of Texas · 1910