Sherman v. Davenport
Sherman v. Davenport
Opinion of the Court
Appellant contends that the court erroneously submitted to the jury the question of fraud in the sale of the animals by William Sherman to his wife, Flora. He claims that there was no such issue, and that, if there was, the court erred in some of the instructions relating thereto. We agree that no such issue was in the ease, and may concede that some of the instructions relating to fraud in the sale of personal property were erroneous. Yet it is difficult to see how appellant was prejudiced thereby. The error, if any, was favorable to appellant, and the fault in the instructions was without prejudice.
II. The defendant, as sheriff of Woodbury county, levied upon the property on the tenth day of December, 1895. Prior to that time, and on or about March 8, 1894, William Sherman, the defendant in execution, executed a bill of sale conveying the cows in dispute to his wife, the appellee herein. This bill of sale was duly acknowledged and filed for record before the levy of the execution. Appellee says that the consideration for the transfer was a loan made to her husband before her marriage The court instructed that “ if the' bill of sale was delivered to plaintiff for some other purpose than in payment of money
Case-law data current through December 31, 2025. Source: CourtListener bulk data.