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4 Greene 416

Keeney v. Chilis

Supreme Court of Iowa

Decided July 1, 1854

Supreme Court of Iowa · decided 1854-07-01

<p>Possession of a bond negotiable under the Code, is prima fade evidence of ownership; and if such possession is alledged to be fraudulent, the fací can only be established by evidence.</p> <p>After a deposition is returned to cotirl, the objection cannot for the first lime be raised, that the questions were leading.</p>

Decided 1854-07-01

¶1Opmion by

Hall, J.

¶2Henry Chilis brought his suit against Charles Keeney, upon a note, drawn by defendant to plaintiff, for one hundred dollars. The defendant set up fraud, &c., and states that the note was given by him for a certain bond, executed by defendant and one Walker, to one Hayworth. That plaintiff had the bond in his possession, and fraudulently delivered it to defendant, ■&c. The court, in effect, charged the jury that Chilis’ possession of the bond was prima facie evidence of ownership, and of his right to dispose of it; and that if the defendant denied his right, he must establish the fact of the fraudulent possession, by evidence.

¶3The plaintiff below, also took the deposition of one Smith, a non-resident witness, which was duly returned to the clerk of Polk county district court. Defendant below excepted to the deposition principally on the ground that *417the questions propounded in the witness wvre leading. Th.:> court overruled Hu; objection.

Baten and Finch, for appellant.G. G. Wright, for appellee.

¶4The instructions !•/the court are good. The. •■■■nd wad negotiable under otir í’mk-,- and the ¡lile pu-.-od by delivery.

¶5■ Objections to ques ions a- leading in a d ‘position. .-imo too late, after the deposition is ri-iurned inlo court. They should be. made when the deposition is taken.

¶6Decree affirmed.

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