132 Mich. 28 | Mich. | 1902
Plaintiff, replevied a quantity of household goods which defendant, undersheriff of Saginaw county, had on February 27, 1901, seized under an execution against plaintiff’s husband. A large part of these goods belonged to plaintiff’s husband when he and plaintiff were married. Plaintiff claimed that her husband sold this property to her. The only witness who testified on this subject was the plaintiff herself. The court, in
We think it was the[ province of the jury to decide whether or not this testimony was to be believed. While the transfer of household goods, claimed by plaintiff to have been made, is legal (Davis v. Zimmerman, 40 Mich. 34), it was nevertheless an unusual and peculiar transaction. There was no change in the possession or use of the property. The transfer was accompanied by no circum
The judgment of the court below is reversed, and a new trial ordered.