Kipp v. Lamoreaux
Michigan Supreme Court
Error to Kent. (Grove, J.) Replevin. Defendant brings error. The facts are stated in the opinion. contended for the construction of the statute given in the opinion. 1. The only evidence of fraud that is claimed by counsel for appellant to exist is the statutory presumption arising, as claimed, from the fact that after the sale to the plaintiff the property was allowed to remain in the same barn as before, and in charge of Mr. Kipp. How.
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Error to Kent. (Grove, J.) Replevin. Defendant brings error. The facts are stated in the opinion. contended for the construction of the statute given in the opinion. 1. The only evidence of fraud that is claimed by counsel for appellant to exist is the statutory presumption arising, as claimed, from the fact that after the sale to the plaintiff the property was allowed to remain in the same barn as before, and in charge of Mr. Kipp. How. Stat. § 6190, has been held not to require an open and visible change of possession in cases where it would be unreasonable, as between husband and wife…
1Opinion of the CourtChamplin, C. J.
Sarah B. Kipp brought replevin against Lamoreaux, who is an under-sheriff of Kent county, to recover possession of certain horses and other property which he had levied upon as the property of her husband, Harrison T. Kipp.
The plaintiff claimed that she had purchased this property from her husband, who was engaged in the livery stable business. Defendant claimed upon the trial that the sale was fraudulent, and made to delay, defeat, and. defraud the creditors of Harrison T. Kipp. The defendant claimed that there had been no chango of possession, and that, therefore, the burden of proof was…
2Cases cited1 opinion
- Davis v. ZimmermanMichigan Supreme Court · 1879
3Cited by10 opinions
- McGuigan v. HeuerNorth Dakota Supreme Court · 1936
- Kruse v. CareyMichigan Supreme Court · 1932
- Mason v. MasonMichigan Supreme Court · 1941
- Dean v. TorrenceMichigan Supreme Court · 1941
- Crane v. WaldronMichigan Supreme Court · 1903
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