Hotchkiss v. Ashley
Supreme Court of Vermont
Replevin for one iron safo, two hogs, and thirty-four gross spring water bottles, which the defendant, as deputy sheriff, took on an execution in favor 'of one Lawrence against one Austin. Plea, the general issue. Trial by jury, September term, 1871, Pierpoint, Oh. J., presiding.
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Replevin for one iron safo, two hogs, and thirty-four gross spring water bottles, which the defendant, as deputy sheriff, took on an execution in favor 'of one Lawrence against one Austin. Plea, the general issue. Trial by jury, September term, 1871, Pierpoint, Oh. J., presiding. The plaintiff’s evidence tended to show that a portion of the property in question was negotiated for and purchased by said Austin for himself, in his own name, but was paid for by property claimed to bo property of the plaintiff, and that it was understood between said Austin and the plaintiff that it was to be the…
1Opinion of the Court
The opinion of tbe court was delivered by
Barrett, J.
In this action tbe plaintiff must stand on bis title, and must maintain it to be such as that tbe taking of tbe property on execution against Austin was a wrongful taking and detaining of it from tbe plaintiff; Lawrence bad obtained by due proceedings a judgment against Austin, and execution bad been duly issued on it. He, thereby, was the creditor of Austin, and was entitled to levy bis execution on any property that Austin so held as to be subject to levy by a creditor. When tbe plaintiff asserted title to tbe property by replevying it,…
2Cited by3 opinions
- James Smith Woolen Machine Co. v. HoldenSupreme Court of Vermont · 1901
- Gallick v. BordeauxMontana Supreme Court · 1899
- Bolitho v. EastUtah Supreme Court · 1914