Schram v. Taylor
Supreme Court of Kansas
Error from Butler District Court. Replevin by Taylor against Schram, as sheriff. At the October term, 1889, the plaintiff had judgment. The defendant comes to this court. The opinion states the facts.
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Error from Butler District Court. Replevin by Taylor against Schram, as sheriff. At the October term, 1889, the plaintiff had judgment. The defendant comes to this court. The opinion states the facts. The court erred in giving the seventh instruction, as follows: “ That when a person purchases goods with the knowledge that his vendor intends by the sale to defraud his creditors, or to hinder or delay them in the collection of their debts, such purchaser will not be affected, if he takes the goods in good faith, in payment of an honest debt. A creditor violates no rule of law when he takes…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
This was an action brought by H. H. Taylor to recover from Charles Schram, sheriff' of Butler county, the possession of 1,210 head of sheep and 300 lambs, all of the alleged value of $5,065. The sheep were seized by the sheriff as the property of J. C. Taylor, the father of the plaintiff below, to satisfy a judgment against the father. It appears that, after J. C. Taylor had become financially embarrassed, he sold, or claimed to sell and transfer, the sheep to his son, for a consideration of about $2,400, which was in the form of an…
2Cases cited3 opinions
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3Cited by6 opinions
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- Bennett v. KaulSupreme Court of Kansas · 1936
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