Hewett v. Usher

Citations

• 11 S.D. 512
• 78 N.W. 993
• 1899 S.D. LEXIS 30

Syllabus

<p>1. Testimony of the judgment creditor’s attorney, that he had directed the justice to place the execution .in the hands of the constable, without any evidence that the justice did so, and with no proof as to its contents, is insufficient justification in an action for wrongful conversion.</p> <p>2. A creditor who fails to show the legality of the execution by which a wife’s property was seized for her husband’s debt cannot question the validity of the transfer from husband to wife, in an action by the wife for wrongful execution.</p>