Legal Opinion

Rawlins v. Rounds

Supreme Court of Vermont

Decided December 15, 1854PublishedCited by 1 opinion

Wife’s personal property. Joinder of wife as plaintiff. Trespass. By the writ and declaration, the defendants were summoned “ to answer to Jonathan Rawlins and Lucy Rawlins, “ wife of the said Jonathan, — in a plea of trespass for that the said “ defendants, at Huntington, on the 14th day of August, A. D. “ 1851, with force and arms, one bay mare of the value of fifty “ dollars, and one sucking colt of the value of twenty dollars, the “ proper goods and chattels of the said…

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Wife’s personal property. Joinder of wife as plaintiff. Trespass. By the writ and declaration, the defendants were summoned “ to answer to Jonathan Rawlins and Lucy Rawlins, “ wife of the said Jonathan, — in a plea of trespass for that the said “ defendants, at Huntington, on the 14th day of August, A. D. “ 1851, with force and arms, one bay mare of the value of fifty “ dollars, and one sucking colt of the value of twenty dollars, the “ proper goods and chattels of the said Lucy Rawlins, seized, took “and carried away”, &c. To this declaration the defendants demurred, and assigned several…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch. J.

This is a demurrer to the plaintiff’s declaration. * The declaration is in tresspass for personal property. There seems to be no sufficient allegation of either title or possession in the plaintiffs, at the time of the injury. All that is alleged is that the property was that of the wife, which is equivalent to saying it was the husband’s, and as property draws after it possess*19ion, this would create a sufficient title in the husband to maintain the action, but none at all in the wife. The wife’s personal property-in possession vests…

2Cases cited1 opinion

  1. Gay v. Estate of RogersSupreme Court of Vermont · 1846

3Cited by1 opinion

  1. Gerry v. GerryMassachusetts Supreme Judicial Court · 1858

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