13 Vt. 558 | Vt. | 1841
The opinion of the court was delivered by
The apparent importance of this cause to the parties, and.the extent of erudition, as well as of minute criticism, which the discussion at the bar has put in requisi
We think the change of possession was sufficient. Where property, at the time of the sale, is in the actual custody of some bailee or depositary for the vendor, all that is ever-required, in order to perfect the sale,as against creditors, is that the depositary shall be . notified of the transfer, and consent to keep the property for the vendee. Cases might, perhaps, occur where less would suffice.
In regard to the evidence offered to show that the defendant, since the trespass committed, had obtained a release from the real owner of the property, it is not necessary to decide. The evidence falls short of showing that fact. There is no evidence that the estate of John Holbrook possessed any interest in the land, on which the posts were cut, except what results from a deed recorded, without possession, and no evidence of the title of the grantor. This has never been recognized, in this state, as giving to the grantee any interest in the land.
It is very certain when one attempts to derive title to land through the heirs of a former proprietor, the fact of heir-ship must be proved. This cannot be done, by a recital, merely, in the deed, especially where the deed is of recent date, which, at most, amounts to a mere claim of heir-ship.
It is always true, that the possessor of personal property may maintain trespass against a mere wrongdoer, without showing the extent of his right. Possession is, of itself, sufficient title against all the world, except the true owner.
In regard to the interest of the witness, White, it is not necessary to decide. Piad his testimony been received, it could at most have only reduced the damages to the extent of his own interest, and, by releasing those damages, the plaintiff has wholly obviated the exception.
The exception to the form in which the case is drawn up is too refined for practical application. It seems to have resulted from the fact that the counsel drew up the case, by detailing all the testimony ; that in the charge to the jury the word “ facts ” is used instead of “ testimony ; ” but not
Judgment affirmed.