Bruce ex rel. Pullis v. Sims
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. The instructions given and x’efused were as follows: 1. Fraud cannot be presumed, but must be proven to the satisfaction of the jury. 2. If the jury find for the plaintiff, they ought to assess his damages at the value of said slave at the time of the seizure of the same under the executions, and also allow him interest, as damages on said value, at the rate of six per cent, per annum, from the day of such seizure to this date. 3.…
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Appeal from Montgomery Circuit Court. The instructions given and x’efused were as follows: 1. Fraud cannot be presumed, but must be proven to the satisfaction of the jury. 2. If the jury find for the plaintiff, they ought to assess his damages at the value of said slave at the time of the seizure of the same under the executions, and also allow him interest, as damages on said value, at the rate of six per cent, per annum, from the day of such seizure to this date. 3. Although the jury may believe that Davis, at the time he sold said slave to Pullis, did so with the intent to hinder, delay…
1Opinion of the CourtBates, Judge
Under several executions issued by a justice of the peace against one Davis, and delivered to Bruce, who was a constable, a levy was made upon a negro found in the possession of Pullis. Pullis claimed the negro, and the right of property was tried before the constable and decided in favor of Pullis, and thereupon the defendants gave to the constable a bond conditioned as provided by law, among other things to pay any person claiming title to said property, all damages that such person might sustain in consequence of such seizure and sale, and required the constable to sell said negro, which…
2Cited by16 opinions
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- Spooner v. RossMissouri Court of Appeals · 1887
- Harvey v. GardnerSupreme Court of Missouri · 1949
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