Hall v. Parsons
Supreme Court of Vermont
. This was an action of trespass, brought to recover the value of certain goods attached by the defendant, as sheriff, at the suit of Hunter, Kellogg & Co. on the 17th day of February, 1840, as the property of Caleb B. Hall.
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. This was an action of trespass, brought to recover the value of certain goods attached by the defendant, as sheriff, at the suit of Hunter, Kellogg & Co. on the 17th day of February, 1840, as the property of Caleb B. Hall. Plea not guilty, and issue to the country. . On trial in the county court, the plaintiff gave in evidence an assignment to him by the said Caleb B. Hall, under date of the 27th of January, 1840, of all the goods, wares and merchandize of the said Caleb B., of every description, then in the store occupied by him, agreeably to an inventory of the same, to be delivered to…
1Opinion of the Court
The opinion of the court was delivered by
Hebard, J.
The questions in this case grow out of the opinion of the county court in relation to the character, and effect, of the testimony given on trial before that court.
The doctrine has become well settled, in this state, that possession must accompany the sale, or it will be fraudulent in law, as to creditors. In relation to what amounts to a change of possession, it has been a subject of discussion, and has, in a number of cases, been considered by the court, with reference to the particular circumstances of the particular cases. It has been…
2Cited by3 opinions
- Flanagan v. WoodSupreme Court of Vermont · 1860
- Rogers v. VailSupreme Court of Vermont · 1844
- Murray & Reed v. ChadwickSupreme Court of Vermont · 1880