Hill v. Larro
Supreme Court of Vermont
This was an action of trover for a mare and colt. Plea, general issue and notice. Trial by jury, December Term, 1880, Pierpoint, Ch. J., presiding. It appeared that on the 19th day of March, 1875, the plaintiff sold and delivered said mare to one Cram, and reserved a lien on the mare to secure the payment of the purchase-money, and she was to remain the property of the plaintiff till paid for in full.
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This was an action of trover for a mare and colt. Plea, general issue and notice. Trial by jury, December Term, 1880, Pierpoint, Ch. J., presiding. It appeared that on the 19th day of March, 1875, the plaintiff sold and delivered said mare to one Cram, and reserved a lien on the mare to secure the payment of the purchase-money, and she was to remain the property of the plaintiff till paid for in full. The lien was payable, ten dollars the first of June, and the balance six months from date, and the same was seasonably recorded, and had never been paid. Said Cram sold the mare, and she was…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
The plaintiff at the time this action was commenced held a valid lien upon the mare and colt for the conversion of which this suit was brought. The claim secured by such lien was past due, and Cram, who owned the mare at the time the lien was given, had sold her, and she had come into the possession of the defendant by purchase. The plaintiff took out the writ in this cause, and on the following day went to the defendant, notified him of the lien, the amount due him thereon, showed him the paper evidencing the same, and demanded payment of the…
2Cases cited2 opinions
- Child & Benton v. AllenSupreme Court of Vermont · 1860
- Gragg v. HullSupreme Court of Vermont · 1868
3Cited by1 opinion
- Clark v. ClementSupreme Court of Vermont · 1903