19 Vt. 609 | Vt. | 1846
The opinion of the court was delivered by
The case does not find, that the plaintiff took and maintained any other possession of the wagon and fanning mill, than such as should be implied in her ownership of the farm, and her residence upon it. But the contract with her son Charles, by which he was to carry on the farm for two years upon shares,
The plaintiff’s right to recover for the mare must rest upon one, or both, of the two following grounds : — 1, On the ground .of her actual and exclusive possession of the horses bought of Charles, for a few weeks succeeding the purchase in March, 1843. It was decided in Farnsworth v. Shephard, 6 Vt. 521, that, if the purchaser of a horse takes actual and exclusive possession, and holds it for a period sufficient to render his possession and ownership notorious and well understood in the neighborhood, his title will be protected against a creditor of the seller, who afterwards attaches the horse, while in possession of the seller for a mere temporary purpose. It will be noticed, however, that the possession of the purchaser had been of much longer continuance in that case, than the present. And should we even admit, that the period, in this instance, was sufficient to satisfy the rule, yet the subsequent possession and use of the horses by Charles were not, as in the case cited, for a temporary purpose only. He had the permanent possession and use, and that in his own business. This is decisive against the plaintiff’s right to recover, so far as it rests upon her own previous possession.
2. The other ground is, that Charles never owned the mare in question, — which was obtained in exchange for one of the horses bought of him. It is certain, that the case is not within the terms of
Judgment of county court affirmed.