White v. Morton
Supreme Court of Vermont
Trover for a quantity of straw, hay and grain. Plea, the general issue, with notice of special matter of defence, and trial by jury, December Term, 1848, — Redfield, J., presiding. On trial it appeared, that the defendant took the property in question, as belonging to David White, upon a writ in favor of Hutchins & Buchanan against David White, and sold it, in due form of law, upon the execution obtained in that suit.
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Trover for a quantity of straw, hay and grain. Plea, the general issue, with notice of special matter of defence, and trial by jury, December Term, 1848, — Redfield, J., presiding. On trial it appeared, that the defendant took the property in question, as belonging to David White, upon a writ in favor of Hutchins & Buchanan against David White, and sold it, in due form of law, upon the execution obtained in that suit. The plaintiff gave evidence tending to prove, that he took a farm of David White, in 1846, to cultivate and have half the produce, and that the property sued for was the produce…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
This was trover for a quantity of straw, hay and grain, which the defendant, as deputy sheriff, attached and sold on process against one David White and as his property. The plaintiff claimed, that he was a joint owner of the property with ©avid White, on the ground of having raised it Upon the farm of David White, while he, plaintiff, carried on the farm upon shares,, or at the halves, in the season of 1846. And to prove that he was so carrying on the farm, when these crops grew upon it, the pMntiff offered in evidence the declarations of…
2Cases cited4 opinions
- State v. GilbertSupreme Court of Vermont · 1841
- Elkins v. HamiltonSupreme Court of Vermont · 1848
- Hines v. SouleSupreme Court of Vermont · 1842
- Charles F. Warner & Co. v. McGarySupreme Court of Vermont · 1832
3Cited by6 opinions
- Frans v. YoungSupreme Court of Iowa · 1868
- C. W. Zimmerman Mfg. Co. v. DunnSupreme Court of Alabama · 1907
- McConeghy v. McCawSupreme Court of Alabama · 1858
- Gassett v. SargeantSupreme Court of Vermont · 1854
- Spalding v. BlackSupreme Court of Kansas · 1879
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