Conrad v. Smith
North Dakota Supreme Court
PPEAL from district court, Cass county; Hon. William B. McConnell, Judge. Action by W. S. Conrad against Charles W. Smith, as sheriff of Cass county, to recover the value of a certain horse. Yer-dict and judgment for plaintiff. New trial denied. Defendant appeals. The delivery contemplated by statute must be an actual one and the change of possession must be visible and continuous. Bump on Fraud. Con., pp. 168,169, 170, 183; Bunting v. Saltz, 24 Pac.
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PPEAL from district court, Cass county; Hon. William B. McConnell, Judge. Action by W. S. Conrad against Charles W. Smith, as sheriff of Cass county, to recover the value of a certain horse. Yer-dict and judgment for plaintiff. New trial denied. Defendant appeals. The delivery contemplated by statute must be an actual one and the change of possession must be visible and continuous. Bump on Fraud. Con., pp. 168,169, 170, 183; Bunting v. Saltz, 24 Pac. Rep. 167; Merrill v. Hurlburt, 63 Cal. 494; Cook v. Rockford, 12 Pac. Rep. 568. See also Norton v. Doolittle, 32 Conn. 408; Meade v. Noyes, 44…
1Opinion of the Court
The opinion of the court was delivered by
Corliss, C. J.
The plaintiff, as vendee of H. J. McKee, has recovered a judgment against the defendant for the seizure by defendant, as sheriff of Cass county, in this state, under a warrant of attachment against McKee, of a stallion purchased by the plaintiff of McKee prior to such seizure. The defendant, *410as sheriff, justifies under the writ, and claims that the transfer of the stallion was fraudulent and void as to the plaintiffs in the warrant of attachment, creditors of McKee, under the provisions of § 4657 of the Compiled Laws. This section…
2Cases cited5 opinions
- Stephens v. GiffordSupreme Court of Pennsylvania · 1890
- Renninger v. Spatz, Pennsylvania Court of Common Pleas, Lancaster County1889
- Bowman v. EppingerNorth Dakota Supreme Court · 1890
- Potter v. WashburnSupreme Court of Vermont · 1841
- Murch v. SwensenSupreme Court of Minnesota · 1889
3Cited by2 opinions
- Conrad v. SmithNorth Dakota Supreme Court · 1897
- Scott v. HantzSouth Dakota Supreme Court · 1915