Legal Opinion

Pelton v. Draper

Supreme Court of Vermont

Decided January 15, 1889PublishedCited by 1 opinion

This was an action of replevin under E. L., s. 1230, brought 'to replevy one single wagon, and the undivided half of one bull ¿and eight heifers, taken by the defendant as deputy sheriff on ¡two executions against one Flood. It appeared that during the ■summer of 1885 Flood had desired to purchase the wagon in -question, and had applied to the plaintiff to sign a note with him as surety for the purchase money.

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This was an action of replevin under E. L., s. 1230, brought 'to replevy one single wagon, and the undivided half of one bull ¿and eight heifers, taken by the defendant as deputy sheriff on ¡two executions against one Flood. It appeared that during the ■summer of 1885 Flood had desired to purchase the wagon in -question, and had applied to the plaintiff to sign a note with him as surety for the purchase money. This plaintiff refused to do, but’ bought the wagon himself, and gave his own note for it, allowing Flood to use it. The title of the plaintiff to the remainder -of the property…

1Opinion of the Court

The opinion of the court was delivered by

Tyler, J.

The case shows that the plaintiff owned an interest in-the farm and stock, and that his wife, who owned the greater interest therein, gave him the entire possession and management of the same; that for several years prior to the bringing of this-suit the plaintiff had leased the property.; that Flood became his tenant in the spring of 1885, under a written lease, by the terms of which he and the tenant were to divide the products of the farm and stock equally between them, provided, however, that all such products were to remain the…

2Cases cited2 opinions

  1. Chaffee v. HarringtonSupreme Court of Vermont · 1888
  2. Tittemore v. LabountySupreme Court of Vermont · 1888

3Cited by1 opinion

  1. Depew v. KetchumNew York Supreme Court · 1894

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