58 Neb. 656 | Neb. | 1899
This was replevin by Y. W. Williams to recover a stock of merchandise seized by the defendant, as sheriff, under certain writs of attachment issued in favor of the cred
It is insisted that the court erred in giving instruction No. 16 on its own motion, a copy of which follows: “The defendant charges fraud in the transactions of the sale and delivery of the stock of goods in controversy by the plaintiff to his brother-in-law, Thomas Upton, and the sale and transfer of said stock of goods by Thomas Upton back to the plaintiff. The burden of proof is upon the defendant to establish that one or both of such transactions were fraudulent, by a preponderance of the evidence, to entitle defendant to a verdict in his favor. But a fraudulent sale and transfer of property may be proven by showing the existence of other facts or circumstances surrounding or connected with the transaction tending to show a fraudulent intent on the part of the parties to such sale or conveyance, or tending to show a purpose not consistent with an honest intent; and if you find from the
Reversed.