Smith v. Atkins
Supreme Court of Vermont
Trespass for taking a quantity of hay. Plea, the general issue, with notice of special matter of defence, and trial by jury, — Red-field, J., presiding. The plaintiff claimed title to the hay in question by virtue of a sheriff’s sale of the same, as the property of Henry C. Frink, to the plaintiff, on the seventh day of December, 1843, on an execution in the plaintiff’s favor against Frink.
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Trespass for taking a quantity of hay. Plea, the general issue, with notice of special matter of defence, and trial by jury, — Red-field, J., presiding. The plaintiff claimed title to the hay in question by virtue of a sheriff’s sale of the same, as the property of Henry C. Frink, to the plaintiff, on the seventh day of December, 1843, on an execution in the plaintiff’s favor against Frink. The defendant proved, that the hay was the produce of a farm in Waterbury, leased by one Joel Rice to Frink, and that Frink had been in possession of the farm, under the lease, from the first of April,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
It appears to have been admitted in the case, that the note for the first year’s rent was transferred to the defendant; and this would, of course, give to him the same lien upon the crops, which Rice had by virtue of the lease. By the finding of the jury we must conclude, that, at the time of the sale upon the plaintiff’s execution, the rent was not fully paid. This being hay in the barn, and sold without delivery, the sale would not vest in the purchaser any other title, than the debtor had; Cilley v. Cushman, 12 Vt. 494; and it is…
2Cases cited2 opinions
- Brainard v. BurtonSupreme Court of Vermont · 1833
- Cilley v. CushmanSupreme Court of Vermont · 1840
3Cited by35 opinions
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- Booker v. JonesSupreme Court of Alabama · 1876
- Stockton Savings & Loan Society v. PurvisCalifornia Supreme Court · 1896
- Whitwell v. WarnerSupreme Court of Vermont · 1848
- Farnum v. HefnerCalifornia Supreme Court · 1889
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