F. Meyer Boot & Shoe Co. v. C. Shenkberg Co.

Citations

• 11 S.D. 620
• 80 N.W. 126
• 1899 S.D. LEXIS 58

Syllabus

<p>1. A judgment creditor may maintain a suit to set aside conveyances or incumbrances of personal property by the judgment debtor, claimed to be fraudulent.</p> <p>2. Provisions of a chattel mortgage on a stock of merchandise, permitting the mortgagor to retain possession and sell at retail, and from the proceeds to replenish the stock and support his family, paying, the remainder to the mortgagee, do not necessarily render the mortgage invalid, in the absence of an actual fraudulent intent.</p> <p>3. Special findings .of a jury on questions submitted to it in an equity case are merely advisory, and not binding on the court, and are entitled to but little weight on appeal, as against contrary findings made by the court itself.</p>