Farnsworth v. Shepard
Supreme Court of Vermont
This was trespass for a mare, to which the general issue was pleaded, with notice of an attachment and sale of the mare by the defendant, a deputy sheriff, as the property of one Silas Barker.
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This was trespass for a mare, to which the general issue was pleaded, with notice of an attachment and sale of the mare by the defendant, a deputy sheriff, as the property of one Silas Barker. The plaintiff proved the taking as alleged, and introduced evidence to prove that in August, A. D. 1831, he purchased the mare in question of said Barker, who was his brother-in-law, at an adequate and fair price, which was paid. — That from the time of said purchase until the attachment by the defendant in March, A. D. 1832, he kept and used her as his own, and that it was well understood in the…
1Opinion of the Court
The opinion of the court was delivered by
Mattock, J.
— The only question in this case is, whether from the facts disclosed in the bill of exceptions, as proved on trial, the sale of the horse by Barker to the plaintiff, was fraudulent in law for want of a sufficient change or transfer of possession by the vendor to the vendee. It has been settled some time since by several decisions in this state, which are well known, that if he who transfers personal property, permits him who sells it to remain in possession after such sale, it is a fraud in law, or that such possession is a fraud, per se.…
2Cited by8 opinions
- Golden v. CockrilSupreme Court of Kansas · 1862
- Garner v. WrightSupreme Court of Arkansas · 1889
- Hall v. ParsonsSupreme Court of Vermont · 1845
- Mills v. WarnerSupreme Court of Vermont · 1846
- Reynolds v. BeckMissouri Court of Appeals · 1904
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