48 Vt. 24 | Vt. | 1875
The opinion of the court tvas delivered by
The plaintiff sold the bay mare described in the report to the Meros on the 19th of Sept. 1872, and reserved a lien thereon to secure the payment of the purchase money. This lien was evidenced by a stipulation contained in a note that was given by said Meros to the plaintiff for the price that was agreed to be paid for said mare. No record was ever made of this note in the town clerk’s office in the town where the parties to the contract then resided.
Soon after the sale of the bay mare to the Meros, they became desirous of exchanging her with one Dane for the gray mare for which a recovery is sought in this suit. Dane knew that the
The statute of 1872 was in force at the time the defendant acquired his title ; and the fact found by the referee, that the defendant knew that the plaintiff had a lien upon the property before he purchased it, is conclusive.
Actual notice has the same effect in determining the right of precedence between persons claiming under different titles from the same party, as a record regularly made would have.
Judgment affirmed.