41 Minn. 292 | Minn. | 1889
Action for taking and converting certain goods, being part of a stock in a grocery store. The defence is that the-stock (including those taken) belonged to plaintiff’s husband, and' that the taking was by a levy by Swensen, who was sheriff of the-county, under an execution upon a judgment in this court for costs-in favor of Stewart, one of these defendants, and another, against plaintiff’s husband, entered July 20, 1888. The levy was made-August 17, 1888. The controversy at the trial was as to who owned the-goods, the plaintiff or her husband. She claimed them under a bill-of sale by her husband to her, dated July 6, 1888. There was much, evidence as to the genuineness and good faith of the bill of sale, and that was a fair question for the jury. The evidence hardly showed a change of possession such as is contemplated by Gen. St. 1878, c. 41, §15; so that, although the judgment was not rendered till after the*