Moresi v. Swift
Nevada Supreme Court
Appeal from tbe District Court of the Second Judicial District, Ormsby County. The facts appear in the opinion. I. Lopez having continued in possession and control of the property as to Winter, ivho ivas an attaching creditor, the bill of sale to Davis is void. (Comp. L., sec. 292, 294; 4 Nev. 361; 15 Cal. 503; 1 Nev. 222; 10 Id. 422.) Xl. The sheriff having returned that he seized the property in attachment, his return is conclusive and can not be collaterally attacked.
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Appeal from tbe District Court of the Second Judicial District, Ormsby County. The facts appear in the opinion. I. Lopez having continued in possession and control of the property as to Winter, ivho ivas an attaching creditor, the bill of sale to Davis is void. (Comp. L., sec. 292, 294; 4 Nev. 361; 15 Cal. 503; 1 Nev. 222; 10 Id. 422.) Xl. The sheriff having returned that he seized the property in attachment, his return is conclusive and can not be collaterally attacked. (Newton v. Bank, 14 Ark. 9; 5 Cal. 53; Morse v. Smith, 47 N H. 477; Sperling v. Levy, 1 Daly. (N T.), 95.) III.' Davis…
1Opinion of the Court
By the Court,
Leonard, J. :
On the seventeenth of July, 1876, D. Lopez, then owner *218of the mules and other property in controversy, executed and delivered a bill of sale of the same to W. T. Davis, which, according to its terms, was intended as a chattel mortgage, to secure payment of the sum of one thousand five hundred dollars, due from Lopez, in part to Davis Bros. & Co., and the balance to respondent, Moresi; and as part of the same transaction, W. T. Davis and respondent entered into a written agreement that the said property should be put in charge of some proper person, and used in…
2Cases cited11 opinions
- Kitchen v. RandolphSupreme Court of the United States · 1876
- Frank v. MinerIllinois Supreme Court · 1869
- Union Canal Co. v. YoungSupreme Court of Pennsylvania · 1836
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- Wright & Co. v. LevyCalifornia Supreme Court · 1859
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