Longley v. Daly

Citations

• 1 S.D. 257
• 46 N.W. 247
• 1890 S.D. LEXIS 30

Syllabus

<p>1. The court may at any time direct a verdict when the iaets are undisputed, and the jury should follow such direction. The intervention of the jury is required only when some question of fact is controverted.</p> <p>3. In the transfer of personal property, the vendor must deliver to the vendee possession in order to consummate the sale, and render it valid as against creditors. The delivery must be actual, such as the nature of tho property and the circumstances of the sale will reasonably admit, and such as the vendor is capable of making.</p> <p>3. There must be not orfiy delivery, but a continuing possession, and it must be accompanied with such unmistakable acts of control and ownership as a prudent bona fida purchaser would do in the exercise of his rights over property, so that all persons may have notice that he owns and has possession of it.</p> <p>4. Exemptions are of three classes, — absolute, additional, and special alternative. Absolute exemptions are at all times, and under all circumstances, not subject to lien of judgment, or levy and sale under execution, except for purchase money. Additional exemption is a personal privilege, and must be claimed by the party entitled to it, or it will be deemed to be waived. If it is not claimed before sale, the exemption is lost.</p> <p>5. Applications for a new trial, on the ground of newly-discovered evidence, are addressed to the discretion of the court, and its action will not be disturbed except for abuse of discretion; the presumption being that it was properly exercised.</p> <p>(Syllabus by the court.</p>