Gogreve v. Windhorst

ON THE MERITS.

Howe, J.

The plaintiff in this case having, on the sixteenth November, 1866, obtained a judgment against the defendant, caused a writ of fieri facias to be issued thereon, under which the sheriff seized, as property of defendant, the schooner Matilda.

On the twelfth December, 1866, William Schroeder, third opponent, enjoined the sale, claiming to be the sole owner of the schooner by purchase from the defendant in March, 1866.

The plaintiff, in answer to the opposition, alleged that the sale from Windhorst to Schroeder, if any there was, was simulated.

Upon the trial of this issue,…