Isaacs v. Messick

Citations

• 15 Del. 259

Syllabus

<p>Sale. Execution. Fraud.—Goods regularly and bona fide sold under execution at a constable’s sale, although covered by a chattel mortgage, are sold free and discharged from the lien of the mortgage; but if such constable’s sale be fraudulent, no title vests in the purchaser of goods thereat.</p> <p>Sale. Execution.—An irregularity committed in good faith in the proceedings under an execution or sale, will not invalidate the title to any property bought thereunder by a bona fide purchaser.</p> <p>Fraud,—Fraud vitiates every proceeding and transaction into which it enters, but, as all persons are presumed to be honest until the contrary is shown, fraud must always be [established by proof and, in the absence of competent and satisfactory evidence thereof, can never lawfully be presumed.</p> <p>Yerdict,—Where a jury in reporting its verdict discloses the fact that the conclusion was reached by a calculation of interest contrary to the instruction of the Court the verdict will be set aside.</p>