Kingsley v. White
Supreme Court of Vermont
Replevin for saw logs. Heard on referee’s report, June Term, 1884, Royce, Cli. J., presiding. Judgment for the defendant. The case is stated in the opinion. , Vermont’s fraud-in-law doctrine has one exception — -sales of movable property “cumbrous in character” and “difficult of removal,” or when “removal is impracticable.”
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Replevin for saw logs. Heard on referee’s report, June Term, 1884, Royce, Cli. J., presiding. Judgment for the defendant. The case is stated in the opinion. , Vermont’s fraud-in-law doctrine has one exception — -sales of movable property “cumbrous in character” and “difficult of removal,” or when “removal is impracticable.” Fitch v. Burk, 38 Vt. 683; Sterling v. Baldwin, 42. Vt. 311; Hutchins v. Gilchrist, 23 Vt. 82; Birge v. Edgerton, 28 Vt. 291; Sanborn v. Kittredge, 20 Vt. 632; Flanagan v. Wood, 33 Vt. 344; Ross v. Draper, 54 Vt. 404. Caswell was a good bailee for the plaintiff. Sellick v.…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
Both parties claim title or right to the logs in controversy under R. E. Bentley; the plaintiff as a purchaser under a bill of sale dated July 25, 1878, and the defendant as an attaching creditor under an attachment made August 28, 1878. The logs were cut and piled on lot 88 in Ripton. The lot was low and wet; and it was impossible to remove them from the lot, so as to have them of any value, except when the ground was frozen. After the bill of sale, August 19, 1878, Bentley gave a deed of the lot to Joseph C. Caswell; but the deed had but one…
2Cases cited7 opinions
- Sterling v. BaldwinSupreme Court of Vermont · 1869
- Sanborn v. KittredgeSupreme Court of Vermont · 1847
- Hutchins v. GilchristSupreme Court of Vermont · 1850
- Fitch v. BurkSupreme Court of Vermont · 1866
- Ross v. DraperSupreme Court of Vermont · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Dover Lumber Co. v. WhitcombMontana Supreme Court · 1917
- Aqua Log, Inc. v. GeorgiaCourt of Appeals for the Eleventh Circuit · 2010
- In re Clairfield Lumber Co.District Court, E.D. Kentucky · 1911
- Thompson-Starrett Co. v. PlunkettSupreme Court of Vermont · 1915
- Lathrop v. ClaytonSupreme Court of Minnesota · 1890
2 more not listed; retrieve them via the Exa API.