Legal Opinion

Hall v. Parsons

Supreme Court of Vermont

Decided January 15, 1845PublishedCited by 9 opinions

.TRESPASS, brought to recover the value of certain property, attached by the defendant, as sheriff, as the property of one Caleb B. Hall.

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.TRESPASS, brought to recover the value of certain property, attached by the defendant, as sheriff, as the property of one Caleb B. Hall. Plea, the general issue, with notice, and trial by jury. 'On trial the plaintiff gave in evidence an assignment to himself, dated January 27, 1840, from Caleb B. Hall, of all the goods, &c., then in the store occupied by said Caleb B. Hall, agreeably to an inventory to be made out, and of which the goods attached were a portion, and also of certain other property, both real and personal, for the purpose, as specified in said assignment, first, of paying all…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

This is the second time that this case has come before this court, substantially upon the same state of facts. In the same case, reported in the 15th volume of Vermont Reports, p. 358, the county court assumed, that, if the jury found the facts detailed in the charge, which they were about to give to the jury, they would constitute such a concurrent, or joint, possession in the Halls, as would render the assignment fraudulent in law, as against the creditors of Caleb B. Hall.

The majority of the supreme court thought, that, from all the facts…

2Cases cited3 opinions

  1. Farnsworth v. ShepardSupreme Court of Vermont · 1834
  2. Allen v. EdgertonSupreme Court of Vermont · 1831
  3. Town of Lyndon v. BeldenSupreme Court of Vermont · 1842

3Cited by9 opinions

  1. Bassinger v. SpanglerSupreme Court of Colorado · 1886
  2. M. Ward & Co. v. MorrisonSupreme Court of Vermont · 1853
  3. Ray v. RaymondSupreme Court of Colorado · 1885
  4. Stephenson v. ClarkSupreme Court of Vermont · 1848
  5. Tuckwood v. HanthornWisconsin Supreme Court · 1886

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