Legal Opinion

Bradley v. Arnold

Supreme Court of Vermont

Decided February 15, 1844PublishedCited by 6 opinions

Trover for a quantity of wool. Plea, the general issue, and trial by the court. On trial the plaintiff gave in evidence an indenture, executed by him to John Hunt, and dated Oct. 27, 1837, by the terms of which he leased to Hunt certain premises, part being leasehold estates, together with 500 sheep, for the term of sixteen years, on condition that Hunt paid to him one thousand pounds of wool each year, of an average quality of that shorn from the sheep, and paid all rents…

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Trover for a quantity of wool. Plea, the general issue, and trial by the court. On trial the plaintiff gave in evidence an indenture, executed by him to John Hunt, and dated Oct. 27, 1837, by the terms of which he leased to Hunt certain premises, part being leasehold estates, together with 500 sheep, for the term of sixteen years, on condition that Hunt paid to him one thousand pounds of wool each year, of an average quality of that shorn from the sheep, and paid all rents and taxes that should become due upon the lands, and kept the farm, fences, and buildings in good repair; Hunt was not to…

1Opinion of the Court

The opinion of the court was delivered by

Redeieud, J.

By the terms of the lease we think the plaintiff must be considered the owner of the sheep until the expiration of the full term of the lease, and the performance of all the stipulations contained in it. This is made an express condition of the title passing to Hunt. And, although Hunt took possession of the sheep, and used them as his own in some sense, it was decided, so early as the case of West v. Bolton, 4 Vt. 558, that the title would still remain* in Bradley. This doctrine'of the right of the vendor to make the passing of the title…

2Cases cited3 opinions

  1. West v. BoltonSupreme Court of Vermont · 1832
  2. Ladd v. HillSupreme Court of Vermont · 1832
  3. Crampton v. Administrator of BallardSupreme Court of Vermont · 1838

3Cited by6 opinions

  1. Armington v. HoustonSupreme Court of Vermont · 1866
  2. State ex rel. Gillilian v. Municipal CourtSupreme Court of Minnesota · 1913
  3. Wilson v. BlakeSupreme Court of Vermont · 1880
  4. Blackwell, Thompson & Co. v. Walker Bros. & Co.United States Circuit Court · 1880
  5. Gassett v. SargeantSupreme Court of Vermont · 1854

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