Stephens v. Oppenheimer & Sons
Supreme Court of Arkansas
APPEAL from Hempstead Circuit Court. Hon. C. E. Mitchel, Circuit Judge. 1. Fraud is never presumed, but must be proven, and the anus is on the one who charges the fraud to prove it. All that was required of the interpleader was to prove a sale. Having thus made a prima facie case, the law will presume that the sale was bona fide, and the burden is on the party attacking the sale. Wharton on Ev., Vol.
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APPEAL from Hempstead Circuit Court. Hon. C. E. Mitchel, Circuit Judge. 1. Fraud is never presumed, but must be proven, and the anus is on the one who charges the fraud to prove it. All that was required of the interpleader was to prove a sale. Having thus made a prima facie case, the law will presume that the sale was bona fide, and the burden is on the party attacking the sale. Wharton on Ev., Vol. I, Sec. 366; 2 lb., Secs. 1248-g; 18 Ark., iff; 6 Ark., 316; 3 Id., 346. 2. Under our Constitution courts are inhibited from intimating in instructions their opinion of the weight of evidence. 39…
1Opinion of the Court
. Cockrill, C. J.
The appellees, in an action brought before a justice of the peace against Charles P. Stephens, caused an attachment to be levied upon personal property claimed by the appellant. She gave bond for its retention, and filed an inter-plea in the suit, claiming the property as her own. Upon the trial of the interplea in the circuit court, proof was offered by both parties, tending on the one hand to show a bona fide purchase for an adequate consideration, by the interpleader from' the attached debtor, before suit was instituted; and on the other part, circumstances were adduced…
2Cited by6 opinions
- Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
- Jones v. SeymourSupreme Court of Arkansas · 1910
- Black, Sivalls & Brlson, Inc. v. FarrellSupreme Court of Oklahoma · 1928
- Davis v. StateSupreme Court of Arkansas · 1904
- Wells v. Guauranty State BankSupreme Court of Oklahoma · 1916
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