Legal Opinion

Wheeler v. Selden

Supreme Court of Vermont

Decided January 15, 1891PublishedCited by 5 opinions

Exceptions from the City Court of Burlington. ■ - Trover for the conversion of a wagon. Plea, the general issue. Trial by court, Peck, J. Judgment for the plaintiff. The defendant excepts. The plaintiff attached the wagon as the property of the husband. While so held by him it was taken from his possession by the defendant acting as the agent of the wife. The remaining facts appear in the opinion. The exchange vested a perfect title in the wife. Nothing more need be done.

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Exceptions from the City Court of Burlington. ■ - Trover for the conversion of a wagon. Plea, the general issue. Trial by court, Peck, J. Judgment for the plaintiff. The defendant excepts. The plaintiff attached the wagon as the property of the husband. While so held by him it was taken from his possession by the defendant acting as the agent of the wife. The remaining facts appear in the opinion. The exchange vested a perfect title in the wife. Nothing more need be done. Leavitt v. Jones, 54 Yt, 423; White & wife v. Waite, 47 Yt. 402; Spooner & wife v. Reynolds, 50 Yt. 437. The change of…

1Opinion of the Court

The opinion of the court was delivered by

TYLER, J.

The case shows that Arnold and his wife resided in Burlington upon premises owned by the latter ; that Arnold was the lessee of a barn situated in another part of the city, in which were kept a sleigh, owned by the wife, and the wagon in controversy, owned by Arnold; that while the property was thus situated they made an exchange by which the sleigh became Arnold’s, and the wagon the wife's; the wagon, when not in use, remaining in the barn, as before. Previous to the exchange Arnold had been accustomed to use the wagon in going to and…

2Cases cited3 opinions

  1. Flanagan v. WoodSupreme Court of Vermont · 1860
  2. Weeks v. PrescottSupreme Court of Vermont · 1880
  3. Leavitt v. JonesSupreme Court of Vermont · 1882

3Cited by5 opinions

  1. Nolte v. WinstanleyArizona Supreme Court · 1914
  2. Foss v. TowneSupreme Court of Vermont · 1925
  3. Baldwin v. ThayerSupreme Court of New Hampshire · 1902
  4. Farmers State Bank of Burbank v. TiptonSupreme Court of Oklahoma · 1934
  5. Chavez v. HaynieSupreme Court of Colorado · 1924

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