Legal Opinion

Hunt v. Allen

Supreme Court of Vermont

Decided August 29, 1901PublishedCited by 11 opinions

Trespass and trover for lumber. Plea, the general issue. Trial by jury, Lamoille County, June Term, 1900, Rowell, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The plaintiff sought to recover for a quantity of spruce lumber manufactured at the mill of one Weed in Lowell, all of which the defendant had.

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Trespass and trover for lumber. Plea, the general issue. Trial by jury, Lamoille County, June Term, 1900, Rowell, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The plaintiff sought to recover for a quantity of spruce lumber manufactured at the mill of one Weed in Lowell, all of which the defendant had. Two car loads of it were from the stock of 1897, and three car loads from the stock of 1898. The plaintiff claimed the stock of 1897 by virtue of the two mortgages specifically described in the opinion. He claimed the stock of 1898 by virtue of a mortgage, or of…

1Opinion of the CourtWatson, J.

The mortgage of June 1, 1897, from Weed and wife to the plaintiff, was executed both as a mortgage on real estate and as a chattel mortgage. The title to the property mortgaged was in Mrs. Weed. The mortgage was recorded the day after its date in the town clerk’s office of Lowell, in the records of mortgages of personal property, but it was never recorded in the land records. The record of the certificate of the oath did not show that Mr. Weed subscribed and swore to the affidavit appended to the mortgage. The mortgage was conditioned for the payment by Weed and wife of a note of even date…

2Cases cited6 opinions

  1. Isham v. Bennington Iron Co.Supreme Court of Vermont · 1847
  2. Allen v. CrofootNew York Supreme Court · 1827
  3. Sawyer v. AdamsSupreme Court of Vermont · 1836
  4. Lawrence v. DoleSupreme Court of Vermont · 1839
  5. Longey v. LeachSupreme Court of Vermont · 1885

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Ryder v. Vermont Last Block Co.Supreme Court of Vermont · 1917
  2. Rogers v. WhitneySupreme Court of Vermont · 1917
  3. In Re the Estate of DelliganSupreme Court of Vermont · 1940
  4. Martin v. Martin & CarpenterSupreme Court of Vermont · 1925
  5. Bean v. ParkerSupreme Court of Vermont · 1915

6 more not listed; retrieve them via the Exa API.

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