George v. Bassett
Supreme Court of Vermont
Trial by jury, December Term, 1879, Caledonia County, Ross, J., presiding. Trover for a horse ; plea, general issue and special matters in defence.
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Trial by jury, December Term, 1879, Caledonia County, Ross, J., presiding. Trover for a horse ; plea, general issue and special matters in defence. It appeared that one Eastman had owned, and gave a bill of sale of the horse in question to the plaintiff to secure a note for the sum of $75, on the 15th day of February, 1877 ; that the horse remained in said Eastman’s possession ; that in the bill of sale he described the horse as being “ kept for team work, and exempt from attachment ” ; that the defendant caused the horse to be attached on the 25th day of June, 1877, and to be sold on…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
In the sale of personal property exempt from attachment no change of possession is required in order to make it valid as against subsequent attaching creditors. Being exempt, the retention by the vendor does not enable him to acquire a false credit on the strength of it. Foster v. McGregor, 11 Vt. 595 ; Jewett v. Guyer, 38 Vt. 218.
In such a case the purchaser cannot be defeated of his right as between him and the attaching creditor by reason of the debtor neglecting to make a claim which he might and ought to have made in respect to the…
2Cases cited4 opinions
- Jewett v. GuyerSupreme Court of Vermont · 1865
- Foster v. McGregorSupreme Court of Vermont · 1839
- Wilkinson v. WaitSupreme Court of Vermont · 1872
- Haskins v. BennettSupreme Court of Vermont · 1869