126 Wis. 401 | Wis. | 1905
This is an action of replevin to recover certain bar furniture and two horses seized by tbe defendant as sheriff upon an execution against tbe plaintiff’s son. Tbe case was here on a previous appeal (llY Wis. 26Y, 94 N. W. S3), and thé nature of tbe issues and tbe leading facts will be found stated in tbe statement of facts there made. Tbe case has been again tried before a jury and a judgment rendered for tbe plaintiff, from which tbe defendant appeals. Tbe errors claimed which are deemed of sufficient importance to require discbssion will be considered in their order.
“The laws of this state provide that a sale of such goods as. are involved in this action shall be presumed fraudulent as. against creditors unless the same be accompanied by an immediate delivery and followed by an actual and continued change of possession. Tou will note that this rule only applies when there has not been some immediate delivery and change of' possession. | If there had been no such delivery or change of possession the presumption of fraud is fully rebutted by proof that a full pid adequate consideration has been paid for the property ini question. Giving, credit on an existing bona fide-indebtedness is such full and adequate consideration.”
The appellant contends that the latter part of this instruction explanatory of the statute is erroneous. It is perhaps sufficient to say that the charge is fully in accord with the decision of this court upon the former appeal in this case (117 Wis. 267, 271, 94 N. W. 33), and hence there can be no error. 'Apart from this consideration, howevei*, the instruction is correct. ■ The ¡effect of it is simply to inform the jury that the
Certain instructions were asked for by the defendant and refused, but as no exceptions were preserved to these rulings we cannot consider them.
By the Gowrt. — Judgment affirmed.