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13 Vt. 281

Dewey v. Thrall

Supreme Court of Vermont

Decided February 15, 1841

Supreme Court of Vermont · decided 1841-02-15

Trespass, to recover the value of a horse, taken by Jona~ than C. Thrall, as constable of Rutland, on an execution in favor of Reuben R. Thrall, against Harris Hosford, on the 12th October, 1888, and sold on said execution.

Good law ✅— No negative treatment on recordhow we know

Decided 1841-02-15

How this case has been cited

Cited by 5 later decisions — most recently January 1925

5 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1The opinion of the court was delivered by

Redfield, J.

¶2How far a mere contract for property, not in esse, and not exclusively the result of labor and materials like manufactured articles made to order, and before delivery, will, as between the parties, vest any property, it is not necessary now to consider. Here was possession taken, and continued for many years. The jury have found the sale bona fide, upon sufficient consideration, and that delivery and change of posession accompanied and followed the sale, and that this change of possession was in good faith, and not merely colorable. We think, therefore, when the vendee retained the possession for nearly six years, the change of property is as complete as if the vendor had never owned it. It is true, the property being put into the hands of the former owner, and for the purpose of sale, may tend to raise more or less apprehension that the sale was not bo-na fide; but this a question of fact for the jufy. After a sale of personal chattels has become perfected by such a visible notorious, and continued change of possession, that the creditors of the vendor may be presumed to have notice of it, the vendee may lend, or let, or employ the vendor to sell, or perform any other service about the thing with the same safety he may a stranger. This is fully settled by the case of Farnsworth v. Shepard, 6 Vt. R. 521.

¶3Judgment affirmed.

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