Pierce v. Manning
South Dakota Supreme Court
Appeal from district court, Lawrence county. Hon. Chas. M. Thomas, Judge. Action to recover a stock of goods taken by the defendant as a sheriff under attachment proceedings. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. A sale by a failing debtor under circumstances such as should awaken suspicion of his intention to defraud and should put a prudent man .on his inquiry is void, even though purchaser gave a sufficient consideration therefor.
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Appeal from district court, Lawrence county. Hon. Chas. M. Thomas, Judge. Action to recover a stock of goods taken by the defendant as a sheriff under attachment proceedings. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. A sale by a failing debtor under circumstances such as should awaken suspicion of his intention to defraud and should put a prudent man .on his inquiry is void, even though purchaser gave a sufficient consideration therefor. Davis v. McCarthy, 19 Pac. 856; McDonald v. Gaunt, 2 Pac. 871; Temple v. Smith, 14 N. W. 527; Lane v. Starkey, 18 N. W.…
1Opinion of the CourtKellam, P. J.
Since the argument and submission of this case in this court, one of the plaintiffs and respondents, Moses Pierce, has died; and bis executors have been substituted, and, with the surviving partner, Vavasa P. Pierce, are now the respondents herein. The plaintiffs, as partners, brought this action to recover a stock of boots and shoes, claiming to have purchased them from their acknowledged owner, James Algeo. The defendant and appellant, sheriff of Lawrence county, admitted the taking, and justified under warrants of attachment issued to him in two cases against said Algeo, claiming that the…
2Cases cited27 opinions
- Nesbit v. HinesSupreme Court of Kansas · 1876
- Kent v. LawsonIndiana Supreme Court · 1859
- Caledonia Gold Mining Co. v. NoonanSupreme Court Of The Territory Of Dakota · 1882
- Franz Falk Brewing Co. v. Mielenz Bros.Supreme Court Of The Territory Of Dakota · 1888
- Whitmore v. ShiverickNevada Supreme Court · 1867
22 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Gade v. CollinsSouth Dakota Supreme Court · 1896
- Hawkins v. HubbardSouth Dakota Supreme Court · 1892
- Evenson v. WebsterSouth Dakota Supreme Court · 1892
- Barnard & Leas Manuf'g Co. v. GallowaySouth Dakota Supreme Court · 1894
26 more not listed; retrieve them via the Exa API.