HANER v. BRUCE

No. 84-319.

499 A.2d 792 (1985)

Almond HANER v. Wendall BRUCE, David M. Fosgate, Gloria Fosgate and Peoples Trust Co. of St. Albans.

Supreme Court of Vermont.

September 6, 1985.


Attorney(s) appearing for the Case

Brown, Cahill & Gawne, St. Albans, for plaintiff-appellant.

Before ALLEN, C.J., and HILL, PECK, GIBSON and HAYES, JJ.


GIBSON, Justice.

The question raised by this appeal is whether a real estate attachment that is misindexed by the city clerk is valid against a subsequent bona fide purchaser who had no actual notice of the attachment. The trial court dismissed the attaching party's claim. We reverse and remand.

On March 23, 1979, having obtained a writ of attachment in a pending suit against defendant Wendall Bruce, plaintiff filed the attachment with the St. Albans city...

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