20 Vt. 624 | Vt. | 1848
The opinion of the court was delivered by
The only question, which it seems important to consider in the present case, is that in regard to change of possession of the property in dispute, at the time the plaintiff purchased it. The court below held, as matter of law, that there was no sufficient change of possession, to protect the property from attachment by the creditors of the vendor. This is always a matter of fact,
The actual possession of the farm might have been in the plaintiff, notwithstanding the lease was not fully executed and Mrs. Clark still lived upon the land. When a purchaser of personal property depends merely upon a constructive possession.of land, to make out his possession of the chattels, which continue to remain upon the land, he must, no doubt, have such a.deed, as will vest in him a legal seizin, — as was held in Hooper v. Wilson, 12 Vt. 653; — and in such a case the record of the deed (or lease) may be essential.
Judgment reversed and new trial.