Gates v. Gaines
Supreme Court of Vermont
Trover, for two oxen, one mare and one calf. Plea — Not guilty, and notice justifying the taking of the property by the defendant, as constable of Pittsford, duly authorized to serve process throughout the county of Rut-land, by virtue of two executions, one in favor of Samuel B. Spalding and George T. Hodges, and the other in favor of Amos Holt, and both against James Dain.
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Trover, for two oxen, one mare and one calf. Plea — Not guilty, and notice justifying the taking of the property by the defendant, as constable of Pittsford, duly authorized to serve process throughout the county of Rut-land, by virtue of two executions, one in favor of Samuel B. Spalding and George T. Hodges, and the other in favor of Amos Holt, and both against James Dain. Upon the trial, in the county court, the plaintiff offered in evidence an execution in his favor against said Dain, for fifty six dollars damages, and twenty-five cents costs, issued on a judgment rendered by Richard…
1Opinion of the Court
The opinion of the Court was delivered by
Redeeld, J.
In this State we have considered the doctrine as settled law that a sale of personal chattels is not perfected, as against the creditors of the vendor, until after delivery, and that possession must not only accompany but follow the sale, and that the want of this change of possession is sufficient, per se, to avoid the sale as against creditors. Hence, in the present case, the sale to plaintiff must be considered void, and the judgment below erroneous, unless it is an exception from the general rule.
The court below treated it as a sheriff’s…
2Cited by4 opinions
- Wolcott v. HamiltonSupreme Court of Vermont · 1888
- Flinn v. St. JohnSupreme Court of Vermont · 1879
- Fitzpatrick v. PeabodySupreme Court of Vermont · 1878
- Hill v. KendallSupreme Court of Vermont · 1853