Epperson v. Crozier

Citations

• 10 Ariz. 30
• 85 P. 482
• 1906 Ariz. LEXIS 89

Syllabus

<p>1. Sales — Bill or Sale — Acknowledgment—Necessity—Evidence—' Laws 1897, Act No. 6, Secs. 55, 57, Construed. — In an action by a purchaser to recover from the vendor for the value of animals purchased which were unlawfully converted and disposed of to his own use by defendant, the vendor, a bill of sale is admissible in evidence, although unacknowledged, notwithstanding section 57, supra, provides that .upon the sale of horses or cattle the actual delivery shall be accompanied by a written bill of sale from the vendor, signed and acknowledged by him, and that upon the trial of one charged with theft of any such animal the possession of said animal by the accused without his having such bill of sale shall be prima facie evidence that such possession is illegal; and section 55, supra, provides that no person, in originally branding animals, shall make use of more than one brand, provided, that any person may own or possess such animals in many marks and brands, the same having been acquired by purchase or any other lawful manner, and bills of sale in writing, properly acknowledged by the previous owner shall be sufficient evidence of sueh purchase.</p>