Legal Opinion

Morrill v. Moulton

Supreme Court of Vermont

Decided August 15, 1867PublishedCited by 11 opinions

This was an action of trespass and trover for a sheep and a fleece ,of wool. Plea, the general issue. Trial by jury, at the March Term, 18G7, Peck, J., presiding. It appeared that the parties both lived in Cabot, on adjoining farms ; that in the spring, when the defendant was washing his sheep, three of the plaintiff’s sheep, with his marls on them, were discovered by the parties among the defendant’s sheep.

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This was an action of trespass and trover for a sheep and a fleece ,of wool. Plea, the general issue. Trial by jury, at the March Term, 18G7, Peck, J., presiding. It appeared that the parties both lived in Cabot, on adjoining farms ; that in the spring, when the defendant was washing his sheep, three of the plaintiff’s sheep, with his marls on them, were discovered by the parties among the defendant’s sheep. The defendant’s mark was the initials of his name, marked with tar on the wool. The plaintiff told the defendant that he wished him to wash them with his own, and let them run with his…

1Opinion of the Court

The opinion of the court was delivered by

Steele, J.

I. By the verdict and exceptions we are required to decide the question of conversion upon the assumption, first, that the fleece in dispute, which the defendant sold, was the property of the plaintiff; secondly, that the sale was made without any authority from the plaintiff; thirdly, that the sale was made with a conviction on the part of the defendant that the wool was higjawn, and a further conviction that the plaintiff had abandoned all claim to it.

A sale made under such circumstances, though not as morally censurable as one made with a…

2Cited by11 opinions

  1. Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
  2. Row v. Home Savings BankMassachusetts Supreme Judicial Court · 1940
  3. Velsian v. LewisOregon Supreme Court · 1888
  4. Hill v. Campbell Commission Co.Nebraska Supreme Court · 1898
  5. Kidney v. PersonsSupreme Court of Vermont · 1868

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