Gray v. Sullivan
Nevada Supreme Court
Appeal from tbe District Court of tbe Sixth Judicial District, Eureka County. Tbis action was brought by respondents to recover from appellants certain personal property mentioned in the opinion. Tbe evidence shows that respondents paid fifteen hundred dollars for the property. The •answer of appellants denies that the property is of any greater value than fifteen hundred dollars, and the jury found the value of the property to be fifteen hundred dollars.
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Appeal from tbe District Court of tbe Sixth Judicial District, Eureka County. Tbis action was brought by respondents to recover from appellants certain personal property mentioned in the opinion. Tbe evidence shows that respondents paid fifteen hundred dollars for the property. The •answer of appellants denies that the property is of any greater value than fifteen hundred dollars, and the jury found the value of the property to be fifteen hundred dollars. B. T. Gray, one of the plaintiffs, testified that he had charge of the team at the time the officer made the levy. The court, after quoting…
1DissentBeatty, J.
I feel obliged to dissent from tbe opinion and judgment of the Court in this case, and in order to explain tbe grounds *425of my dissent, find it necessary to give a fuller and more particular account of the facts proved on the trial.
It is to be borne in mind in this connection that the burden of proof was on the plaintiffs to show that the sale was accompanied by an immediate delivery and followed by an actual and continued change in the possession of the things sold; and it is further to be observed that all the circumstances attending this sale and going to show a change of possession were…
2Cases cited5 opinions
- Stevens v. IrwinCalifornia Supreme Court · 1860
- Clute v. SteeleNevada Supreme Court · 1871
- Engles v. MarshallCalifornia Supreme Court · 1861
- Hurlburd v. BogardusCalifornia Supreme Court · 1858
- Doak v. BrubakerNevada Supreme Court · 1865