Morrison v. Oium
North Dakota Supreme Court
Appeal from District Court, Ransom County; Lauder J. Action for the possession of personal property by James Morrison against Thomas Oium, sheriff. Plaintiff had judgment, and defendant appeals.
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Appeal from District Court, Ransom County; Lauder J. Action for the possession of personal property by James Morrison against Thomas Oium, sheriff. Plaintiff had judgment, and defendant appeals. A transfer of personal property, if not accompanied by an immediate delivery, and followed by an actual and continued change of possession is conclusively presumed to be fraudulent, §2024 Civil Code, Conrad v. Smith, (N. D.) 51 N. W. Rep. 720; Longley v. Daly, (S. D.) 46 N. W. Rep. 247; Cook v. Rochford, 12 Pac. Rep. 568; Young v. Poole, 13 Pac. Rep. 492; Comatia v. Kyle, 5 Pac. Rep. “666; Stull v.…
1Opinion of the CourtBartholomew, J.
Plaintiff and respondent claims certain personal property as vendee. Defendant and appellant, as sheriff, claims possession of the same by virtue of an attachment against the property of respondent’s vendor’s. Respondent, in his complaint, claimed title through a bill of sale executed and delivered on November 9th, 1887. At the hearing, against appellant’s objections, respondent was permitted to give evidence of an oral contract of sale made at an earlier date, and delivery of possession thereunder. This is assigned as error. If so, it is without prejudice. It is undisputed that a bill of…
2Cases cited9 opinions
- Hallgarten v. OldhamMassachusetts Supreme Judicial Court · 1883
- Martin v. BlattnerSupreme Court of Iowa · 1886
- Hildreth v. FittsSupreme Court of Vermont · 1881
- Campbell v. HamiltonSupreme Court of Iowa · 1884
- Lake v. MorrisSupreme Court of Connecticut · 1861
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Wright v. LeeSouth Dakota Supreme Court · 1897
- Western Mining Supply Co. v. QuinnMontana Supreme Court · 1909
- Rosenbaum v. HayesNorth Dakota Supreme Court · 1901
- Rosenbaum v. HayesNorth Dakota Supreme Court · 1899