Austin v. Soule
Supreme Court of Vermont
Replevin for two horses and one .double-harness. Plea, the general issue, and trial by jury, at the April Term, A. D. 1862, Aldis, J., presiding. The property originally belonged to Albon M. Austin. The plaintiff, to establish her right to the same, showed a writ in her favor against the said Albon M., an attachment of the property by an officer, the sale of it upon the writ and the purchase of it by the plaintiff.
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Replevin for two horses and one .double-harness. Plea, the general issue, and trial by jury, at the April Term, A. D. 1862, Aldis, J., presiding. The property originally belonged to Albon M. Austin. The plaintiff, to establish her right to the same, showed a writ in her favor against the said Albon M., an attachment of the property by an officer, the sale of it upon the writ and the purchase of it by the plaintiff. The plaintiff also introduced a writing signed by Albon M. Austin and Clarissa Austin, consenting to a sale of the property attached under § 27 ch. 31, C. S. To show that “…
1Opinion of the CourtKellogg, J.
The plaintiff in this case claimed title to the property which is the subject of the action by virtue of the sale of the same to her on an execution in her favor against her son Albon M. Austin, to whom it originally belonged. The defendant, as an officer legally authorized, attached the property after this sale, as the property of the same debtor and while it was in his possession, on a writ in favor of George A. Hubbell against him ; and, judgment having been duly x’endered in that suit, the property was subsequently sold, in satisfaction of the execution issued thereon, in due form of law,…
2Cases cited4 opinions
- Wood v. DoaneSupreme Court of Vermont · 1848
- Administrator of Janes v. MartinSupreme Court of Vermont · 1835
- Hale v. MillerSupreme Court of Vermont · 1843
- Kelly v. HartSupreme Court of Vermont · 1842
3Cited by3 opinions
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- Goss v. CardellSupreme Court of Vermont · 1881
- State v. Swanson Theater CircuitUtah Supreme Court · 1921