Holden & Martin v. Gilfeather
Supreme Court of Vermont
TrovRr for an ox. Plea, the general issue. Trial by court at the September Term, 1904, Windham County, Start, J., presiding. Judgment for plaintiffs for $40, which the court found to- be the value of the ox at the time of its conversion, and costs. The defendant excepted. The opinion states the substance of the facts found by the court.
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TrovRr for an ox. Plea, the general issue. Trial by court at the September Term, 1904, Windham County, Start, J., presiding. Judgment for plaintiffs for $40, which the court found to- be the value of the ox at the time of its conversion, and costs. The defendant excepted. The opinion states the substance of the facts found by the court. A mortgage to secure an antecedent debt does not put the mortgagee in the position of a purchaser for value so as to entitle him to prevail over the rights of a defrauded vendor. Matthews v. Kennedy, 113 Ga. 378; Vincent v. Hansen, 1x3 Mich. 173; Curme v.…
1Opinion of the CourtMunson, J.
Plaintiffs held a valid recorded mortgage of a horse, executed by one Phelps. Phelps traded this horse to defendant for a yoke of oxen, without the knowledge of plaintiffs, and without informing defendant of the incumbrance. Defendant -reserved a lien on the oxen to secure boot money, but failed to record the lien. A few weeks later, plaintiff Holden told defendant of the mortgage, and defendant wanted plaintiffs to release it. Holden said he would see the oxen, and if it was a fair trade plaintiffs would take a mortgage on the oxen and release the horse. .Soon after this, Phelps gave…
2Cases cited4 opinions
- Pleasants v. BlodgettNebraska Supreme Court · 1894
- Wilder v. St. Johnsbury & Lake Champlain RailroadSupreme Court of Vermont · 1891
- Mygatt v. TarbellWisconsin Supreme Court · 1890
- Clark v. DuffeyIndiana Supreme Court · 1865
3Cited by1 opinion
- Bufton v. Crane Et Ux.Supreme Court of Vermont · 1928