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28 Vt. 709

Sleeper v. Pollard

Supreme Court of Vermont

Decided March 15, 1856

Supreme Court of Vermont · decided 1856-03-15

Trespass for a quantity of hay. Plea, the general .issue; trial by jury, January Term, 1856, — Underwood, J., presiding. The plaintiff) as deputy sheriff, attached the hay in question as the property of William Woodman upon a writ against him in fa-favor of George Sleeper.

Relies on Judd v. Langdon · Beattie v. Robin

Good law ✅— No negative treatment on recordhow we know

Decided 1856-03-15

How this case has been cited

Cited by 7 later decisions — most recently October 1940

7 state decisions

201856186018701880189019001910192019301940decided

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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Redeield, Ch. J.

¶1By the court, It does not appear to us that there was any such change of possession, in the present case, as the law requires to protect the property from attachment.

¶2It was in the barn of the debtor, or one in his possession, or that of his hired man, which is his possession in law; and it remained there until the attachment, nothing being done to indicate a change of ownership, except to request the hired man to take care of it for the purchaser, he still continuing in the employ of the debtor. This, certainly, could not be regarded as a visible, substantial change of possession.

¶3The* case seems to us, in principle, and in many of its leading facts, very similar to that of Beattie v. Robin, 2 Vt. 181, and Judd v. Langdon, 5 Vt. 231.

¶4Judgment affirmed.

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