Supreme Court of Vermont, 1886

Church's Adm'r v. McLeod

Supreme Court of Vermont · Decided January 15, 1886 · Ross

58 Vt. 541

Cases that cite this one

3 later published cases cite this decision.

Ufford v. Winchester (Vt. 1897)
Western Mortgage & Investment Co. v. Shelton (Tex. App. 1894)
Marvin Safe Co. v. Emanuel (New York Court of Common Pleas 1888)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The opinion of the court was delivered by

Ross, J.

By the contract of February 8, 1878, the title *542to the heifer in controversy remained, in the intestate until it was paid for. Until such payment the conditional purchaser acquired no title to any of the property embraced in the contract. The record of the contract in the town clerk’s office agreeably to the requirements of the statute was constructive notice of its terms to the defendant. When he bought and sold the heifer in controversy, in legal contemplation, he bought and sold her knowing she was the property of the intestate. By such sale, he so far assumed the control over her, wrongfully, as to render himself liable for her conversion in an action of trover. These are elementary principles of the law, and it is needless to cite authorities to support them.

The judgment of the County Court is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.