Ingalls v. Green
Supreme Court of Vermont
Assumpsit by the plaintiffs against Lucia S. Green, principal defendant, David M. Silsby trustee, and Yernon Y. Yance, claimant. Heard at the December Term, 1889, Ross, J., presiding, upon an agreed statement of facts. The principal defendant mortgaged certain live stock to tbe plaintiffs, the stock remaining in the possession of the mortgagor. Subsequently she employed the claimant, Yance, to keep this stock for her, and put it into his possession for that purpose.
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Assumpsit by the plaintiffs against Lucia S. Green, principal defendant, David M. Silsby trustee, and Yernon Y. Yance, claimant. Heard at the December Term, 1889, Ross, J., presiding, upon an agreed statement of facts. The principal defendant mortgaged certain live stock to tbe plaintiffs, the stock remaining in the possession of the mortgagor. Subsequently she employed the claimant, Yance, to keep this stock for her, and put it into his possession for that purpose. He kept it until his bill for so doing amounted to some $200. Thereupon the plaintiffs proposed to take this stock from the…
1Opinion of the Court
The opinion of the court was delivered by
Tyler, J.
It was insisted by the defendant in Ingalls v. Vance, 61 Vt. 582, that the plaintiffs gave such consent to the keeping of the animals by the defendant, that the latter’s lien tfor keeping took precedence, of the plaintiffs’ mortgage. Upon the facts stated the court held that such consent was not given, ¡and that without it the lien had no validity as against the mort.gage.
In this case, although the general property passed to the plain-riffs by virtue of their mortgage, under R. L. s. 1976 et seg., “the defendant continued to have a property in…
2Cases cited3 opinions
- Conner v. CarpenterSupreme Court of Vermont · 1856
- Wood v. DudleySupreme Court of Vermont · 1836
- Ingalls v. VanceSupreme Court of Vermont · 1889
3Cited by3 opinions
- Nathan M. Stone Co. v. EllersonAppellate Court of Illinois · 1923
- Bergman v. GaySupreme Court of Vermont · 1906
- Wells v. BoothSouth Dakota Supreme Court · 1923