1 Aik. 162 | Vt. | 1826
delivered the opinion of the Court.
On perusal of this writ of error, and the bill of exceptions therein recited, it appears that Mott, the plaintiff in error, was constable of the town of Alburgh, and, as such, took the property in question, by virtue of legal process to him direct-.
• Possession is strong prima facie, evidence of the ownership of personal property. This does not at all interfere with the safety of lending to a poor man, for use, property of which he never was the owner. But, if a man actually owns and possesses personal property, the world have a right to presume he remains the owner, so long as he retains the possession. People may well give him credit on account of this property, and, when they attach it for his debts, they can hold it. This has been decided by the present Court, and on the present circuit: and it is no matter how soon people fully understand that, if they purchase personal property, they must take and keep the actual possession, or their title is liable to be defeated by the creditors of the former owner.
As it appears by the record, in the present case, that the connty court declined charging the jury, as requested, and as would comport with the law that should govern the case,
This Court decide, that there is error in the judgment of the county court; that the same be reversed ; and that the cause pass to the county court for another trial by the jury.