Wooley v. Edson
Supreme Court of Vermont
Trespass for taking a yoke of oxen. The case was referred, and the referee reported the following facts : “In April, 1859, Azro M. Wright, being the owner of a pair of oxen, sold them to Hiram Wooley for $118 on condition that they were to remain the property of Wright till.paid for, and Wooley to have till winter to pay for them, and Wooley took possession of the oxen.
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Trespass for taking a yoke of oxen. The case was referred, and the referee reported the following facts : “In April, 1859, Azro M. Wright, being the owner of a pair of oxen, sold them to Hiram Wooley for $118 on condition that they were to remain the property of Wright till.paid for, and Wooley to have till winter to pay for them, and Wooley took possession of the oxen. In a week thereafter, Wright being indebted to Lewis S. Eddy, proposed to sell to him his interest in the oxen for $113, Eddy then knowing the terms on which Wooley held them. Eddy agreed to Wright’s proposition. Neither Eddy…
1Opinion of the Court
Poland, Ch. J.
The defendants claim that the plaintiff, by reason of what he said and did at the time the oxen were attached and taken out of his' possession by the defendants, and his omission at that time to assert any title or right to the oxen in himself, is now estopped from asserting any title in himself against the defendants.
A satisfactory answer to this claim is found in this, that the case fails entirely to show that the defendants in making the attachment of the property, or in the subsequent disposition of it, were in the slightest degree influenced by what the plaintiff said or…
2Cases cited1 opinion
- White v. BascomSupreme Court of Vermont · 1856
3Cited by9 opinions
- Royce v. CarpenterSupreme Court of Vermont · 1907
- Lyndon Mill Co. v. Lyndon Literary & Biblical InstitutionSupreme Court of Vermont · 1891
- Town of Roxbury v. Central Vermont R. R.Supreme Court of Vermont · 1887
- Marcy v. ParkerSupreme Court of Vermont · 1905
- Fletcher v. PerrySupreme Court of Vermont · 1932
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