Hartman & Fehrenbach Brewing Co. v. Clark

Citations

• 51 A. 291
• 94 Md. 520
• 1902 Md. LEXIS 30

Syllabus

<p>Evidence to Establish Validity of Bill of Sale From Husband to Wife— Instructions to the fury.</p> <p>A man against whom there was a judgment made a bill of sale to his wife 1 of certain property in consideration of an alleged antecedent indebted- • ness from him to her. The judgment creditor issued an execution.and , caused the same to be levied on the property described in the bill of sale. The grantee therein appeared as claimant of the property and ' the question in this case, tried before a jury, was as to the validity of the bill of sale. At the instance of the judgment creditor the trial Court instructed the jury that the claimant of the property was bound to establish by preponderating testimony that the bill of sale had been given for a valuable consideration and had been made in good faith. Held, that it was not error to refuse to instruct the jury that the claimant must show “by the clearest and most satisfactory evidence” the existence of the relation of debtor and creditor between herself and her husband at the time of the execution of the bill of sale, since such an instruction, without any definition of what is meant by “the dearest and most satisfactory evidence” is likely to confuse and mislead the jury, and does not challenge the legal sufficiency of the evidence offered by the claimant to entitled her to a verdict.</p>