Goad v. Wellendorf

Opinion by

Mr. Justice Teller.

Plaintiff in error, the sheriff of Rio Grande County was defendant in an action by defendant in error to recover *41possession of an automobile. The defense was that the car had been taken on execution against the goods of one Immenschuh, from whom Wellendorf claimed to have purchased the car. A jury in the justice court found for the plaintiff, whereupon the cause was appealed to the County Court where the jury again found for the plaintiff.

The cause is now here on error.

The judgment is attacked upon the ground that the evidence does not establish the fact of a sale…