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1 Tyl. 137

Broughton v. Ward

Supreme Court of Vermont

Decided June 15, 1801

Supreme Court of Vermont · decided 1801-06-15

TRESPASS for taking one yoke of oxen, a mare' and colt. General issue. Trial per pais. stated, that on the 6th of April, 1798, the defendants purchased out two writs of attachment, one in'each of their names, and both against the present plaintiff and one Francis. These writs were issued by and made returnable before Mr. Justice Button, on the fourteenth of the same April.

Decided 1801-06-15

Sed per Curiam.

¶1There is sufficient privity shewn already in evidence between the present defendants. The acts of each, as combining in this joint trespass, may be shewn.

¶2Further evidence was exhibited, shewing that the writs of attachment were purchased out at the instigation of Francis, who, before the service upon Broughton, altered himself the days of the returns with the privity of the present defendants, and after-wards turned out the oxen, &c. the property of Broughton, to satisfy the executions.

¶3The Court inquired, if the. defendants relied upon impeaching the credibility of the witnesses; and observed, that if their testimony could not be shaken, the defendants must be without available defence.

¶4Verdict for plaintiff.

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