Sleeper v. Pollard
Supreme Court of Vermont
Trespass for a quantity of hay. Plea, the general .issue; trial by jury, January Term, 1856, — Underwood, J., presiding. The plaintiff) as deputy sheriff, attached the hay in question as the property of William Woodman upon a writ against him in fa-favor of George Sleeper.
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Trespass for a quantity of hay. Plea, the general .issue; trial by jury, January Term, 1856, — Underwood, J., presiding. The plaintiff) as deputy sheriff, attached the hay in question as the property of William Woodman upon a writ against him in fa-favor of George Sleeper. The hay was in a barn pn the Dwight farm, so called, in Vershire, which Woodman carried on during the year of the attachment by one Kelley; who lived on the farm at the time of the attachment, and worked on it by the month. Woodman cut the hay on the farm, and "put part of it in a bay upon some old hay cut on the farm the…
1Opinion of the Court
Redeield, Ch. J.
By the court, It does not appear to us that there was any such change of possession, in the present case, as the law requires to protect the property from attachment.
It was in the barn of the debtor, or one in his possession, or that of his hired man, which is his possession in law; and it remained there until the attachment, nothing being done to indicate a change of ownership, except to request the hired man to take care of it for the purchaser, he still continuing in the employ of the debtor. This, certainly, could not be regarded as a visible, substantial change of…
2Cases cited2 opinions
- Judd v. LangdonSupreme Court of Vermont · 1833
- Beattie v. RobinSupreme Court of Vermont · 1829
3Cited by6 opinions
- Flanagan v. WoodSupreme Court of Vermont · 1860
- Brown v. Federal Surety Co.Montana Supreme Court · 1932
- Newton v. ThomasSupreme Court of Vermont · 1940
- Hardin v. SissonAppellate Court of Illinois · 1890
- Lowe v. MatsonAppellate Court of Illinois · 1890
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