¶1 All the circumstances subsequent to the sale are to be taken into consideration as explanatory of the real state of the *339
precedent transactions — the possession of John always continued; George gave nothing for the horse, though a valuable consideration was pretended and held up. The debtor having used the horse as his own, and disposed of him, are visible marks of fraud.
¶2 The jury found for the plaintiff.
¶3 See Hodges v. Blount, ante , 414.
Download
Copy
Embed on your site
iframe Markdown Preview card Button Hover to preview · click to copy the code
Case posture Posture TRESPASS to recover the value of a horse sold by the defendant, a constable, to satisfy an execution delivered to him at the suit of Williams v. John Cox , the brother of the plaintiff, upon which he took the horse in question as the property of John. The plaintiff alleges the horse was his. The evidence proved John to have been very much indebted to sundry persons; that he had a horse and some other trifling articles; that Collins had a judgment against him, and took out execution and put it into the hands of an officer; that other officers who had executions found it, and levied the execution on the horse and (424) other articles, and sold the smaller articles, and did not sell the horse for some time, leaving him in the possession of John Cox until it began to be rumored that the execution was fraudulent, when Collins ordered the officer to sell, who sold accordingly, and George Cox, the brother of John, as the agent of Collins, became the purchaser, and left the horse in the possession of John for some time, and until the defendant levied Williams' execution on him, and appointed a day of sale; on which day Collins appeared and proved the sale and purchase as above, and had the horse delivered to him, and the next morning sold him to George Cox, without receiving any money, but only taking his
note, part of which Collins said was paid after the trial of this cause in the county court, about eighteen months after the date of the note, by discounting a debt with a creditor of his; the residue he said was retained in the hands of George Cox, to satisfy a debt of Collins due to another creditor, which debt, however, has not yet been paid. A short time after George purchased the horse he was again in the possession of John, and continued in his possession till he exchanged him as his own for another horse with a stranger, receiving some money as the difference of value. Soon after the exchange he brought the horse received from the stranger to George, who approved of the exchange and lent the horse to John, in whose possession he continued for some months and until the defendant seized and sold him to satisfy Williams' execution. It was proven that George had ridden this latter horse once or twice after the exchange took place. Source: CourtListener
