Bullard v. Billings

• Decision Date: 01 July 1829
• Citation: 2 Vt. 309
• Parties: DANIEL BULLARD v. LUTHER BILLINGS
• Court: Vermont Supreme Court

2 Vt. 309

DANIEL BULLARD v. LUTHER BILLINGS

Supreme Court of Vermont, Orleans

July, 1829

[Syllabus Material]

This was an action of trespass for a wagon, brought before a justice of the peace, and appealed to the county court; and there tried, and exceptions taken to decisions of the court upon which the action was removed to this court. It appears by the case allowed, that there was testimony adduced on trial tending to show, that the defendant brought with him the wagon in question into Hydepark, and there used it as his own several years. After which it went into the possession of one Dodge, who used it as his own two or three years; when he sold it to one Sawyer--that Sawyer sold it to one Noyes, who sold it to the plaintiff--that the plaintiff had it in his possession after his purchase, and the defendant came in the night and took it away and hid it--That no evidence was offered tending to show, that Sawyer, Noyes, or Bullard ever knew but that Dodge was the sole and legitimate owner of the wagon. There was evidence tending to show that Dodge, at some time stated that he received the wagon as a pledge. But, whether he made this statement before or after his transfer to Sawyer, did not appear Nor was there any other testimony showing the nature of the pledge, or the amount secured by it. Evidence was given tending to prove that Dodge, subsequently to the transfer of the wagon to Sawyer, had instituted a suit against Billings for becoming back bail, and recovered the amount; and that the execution was levied on land of a doubtful title. Upon this evidence the court were requested to charge the jury, that if said wagon was transferred to Sawyer, without notice of a pledge, that Dodge having the apparent ownership, the sale was a valid one. The court were also requested to charge, that if Dodge held said wagon, using it as his own, it was prima facie evidence of ownership; and it was incumbent on the defendant to produce evidence of the notice of the deposit, in order to recover the property against a bona find purchaser without notice. But the court did not so charge the jury, but instructed them that, if they found the wagon was placed in the hands of Dodge as a pledge, and was not sold to him, in such case, Dodge had not such an interest in the wagon as would enable him to make a valid sale of it to another and, if he did sell and dispose of it, and part with the possession, that Billings would have a right to repossess himself of it wherever he could find it, if he could do it without force or violence. And if he found it in plaintiff's door-yard, or in the highway, he might take and remove it, and, in that case, they would find a verdict for the defendant. But if they found Billings did make an absolute sale of the wagon to Dodge, or authorize him to sell it, or had stood by and seen him sell it, without asserting his claim, then they would return a verdict for the plaintiff. But the fact of Dodge's using the wagon was not sufficient evidence of the sale, as the use might be consistent with the terms of the pledge.

Argument for the plaintiff.--The case discloses, that Dodge had stated, that this was a pledge; but whether before or after the sale to Sawyer, was not in evidence. And this was the only evidence given on that point. We contend that Dodge, the pledgee, could not make any statement concerning a pledge, so as to affect the plaintiff, subsequent to the sale to Sawyer and that it must appear most clear that it was subsequent; or it was improperly admitted. And no evidence was offered of a pledge; and the court ought to have directed the jury to find for the plaintiff for want of evidence. The property had been two or three years in Dodge's possession, and he used it as his own; and, for aught appears, it was so considered. And he so used it, that every person had good right to suppose it his. From the whole case, his possession was such that there was prima facie evidence of ownership; and it did throw the burden on him, defendant, to make out a clear case of property. The waggon had passed through the hands of four persons, three of them, at least, bona fide purchasers, and was out of Billings' possession about four years, and no attempt made to reclaim it, until he took it clandestinely and hid it, as stated in the bill of exceptions. Although living, all this...