Legal Opinion

Seward v. Heflin

Supreme Court of Vermont

Decided January 15, 1848PublishedCited by 7 opinions

Trovéis, for a cow and heifer. Plea, the general issue, with notice of special matter of defence, and trial by the court, September Term, 1847, — Royce, J., presiding.

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Trovéis, for a cow and heifer. Plea, the general issue, with notice of special matter of defence, and trial by the court, September Term, 1847, — Royce, J., presiding. On trial the plaintiff proved, that sometime between the thirtieth of October and the ninth of November, 1841, one Johnson leased a cow to the defendant, to double in four years, that is, to be returned at the expiration of four years with her first calf; that the calf, which the cow brought in the spring of 1842, died without fault of the defendant, who continued to keep the cow; that October 25, 1843, Johnson sold to the…

1Opinion of the Court

The opinion of the court was delivered by

Hall, J.

Upon the facts found by the county court we have no doubt the plaintiff had a sufficient property in the cow and' heifer to maintain trover for them. Having been set apart and turned out by the defendant in satisfaction of a contract, of which the plaintiff was the legal assignee, and known to be so by the defendant, the plaintiff thereby became the owner of the cattle; and having also the right of possession, he might well maintain the action.

We are also satisfied, that the objection of the defendant, of the want of proof of a conversion, is…

2Cases cited1 opinion

  1. Spafford v. PageSupreme Court of Vermont · 1843

3Cited by7 opinions

  1. First Wisconsin Mortgage Trust v. Wyman's, Inc.Supreme Court of Vermont · 1981
  2. Holmes v. ClarkSupreme Court of Vermont · 1873
  3. Terre Haute & Indianapolis Railroad v. BakerIndiana Supreme Court · 1890
  4. Wardle v. BriggsMassachusetts Supreme Judicial Court · 1881
  5. Enright v. BeaumondSupreme Court of Vermont · 1894

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