Drennen v. Brown
Supreme Court of Arkansas
Writ of Error to the Crawford Circuit Court. This case was determined in the Crawford Circuit Court, at the August term, 1848, before the Hon. Wm.
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Writ of Error to the Crawford Circuit Court. This case was determined in the Crawford Circuit Court, at the August term, 1848, before the Hon. Wm. W. Floyd, Judge, The facts are stated in the opinion of this court. contended, 1st: That the continued possession of the vendor after sale, was prima facie evidence of fraud, although the possession was concurrent, (IT Tern. 276. 6 id. 521. 14 id. 423,) and required proof to explain the transaction so as to relieve it from the legal presumption, not because no consideration passed from the vendee to the vendor, but because the sale was really bona…
1Opinion of the CourtJustice Walker
delivered tbe opinion‘of the Court.
This was an action of debt by attachment, brought by Dren-nen against James Brown, Sen. Amongst other property attached was a negro boy, Jerry, to which James Brown, Jr., set up claim, and filed his interplea, under the provisions of the statute, upon which issue was taken, and a trial had before the court sitting as a jury. The court, after hearing the evidence, decided the issue in favor of the interpleader (James Brown, Jr.,) upon which judgment was rendered for him. The appellant thereupon filed his motion for a new trial, for the reason that the court,…
2Cases cited1 opinion
- Reardon v. FarringtonSupreme Court of Arkansas · 1847