Brace v. Gould
New York Supreme Court
The action was brought in a justices’ court to recover the value of a heifer which the plaintiff alleged was wrongfully taken by the defendant. The plaintiff proved title by means of a purchase from his mother, Irena Brace, who claimed title by purchase from her husband, James B. Brace. The defendant justified the taking by virtue of a mortgage given by said James B. Brace eighteen months after the alleged sales aforesaid.
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The action was brought in a justices’ court to recover the value of a heifer which the plaintiff alleged was wrongfully taken by the defendant. The plaintiff proved title by means of a purchase from his mother, Irena Brace, who claimed title by purchase from her husband, James B. Brace. The defendant justified the taking by virtue of a mortgage given by said James B. Brace eighteen months after the alleged sales aforesaid. The jury in the justices’ court found in favor of the plaintiff. Judgment was entered, and the defendant appealed to" the county court, where the judgment was affirmed. The…
1Opinion of the CourtMiller, P. J.
The plaintiff claims to derive title to the heifer in question by purchase from his mother, Irena Brace, and, prima facie, there was sufficient evidence to sustain a finding of the jury in his favor upon that subject.
The question made as to the sale being fraudulent as against creditors was also for the jury, and, as they have found for the plaintiff, every intendment should be indulged to support the verdict. It cannot be denied that there, is considerable evidence to establish that there, was. a change of possession; that the transaction was not tainted with fraud so as to avoid the. sale,…
2Cases cited3 opinions
- Savage v. . O'NeilNew York Court of Appeals · 1871
- Rawson v. . Pennsylvania Railroad Co.New York Court of Appeals · 1872
- Kluender v. LynchNew York Court of Appeals · 1868