Studebaker Bros. Manufacturing v. Zollars

Citations

• 12 S.D. 296
• 81 N.W. 292
• 1899 S.D. LEXIS 116

Syllabus

<p>.1. A chattel mortgage given to a relative for a bona fide indebtedness is valid as against the judgment creditors of the mortgagor.</p> <p>2. Where a sheriff justifies his refusal to levy an execution by alleging that the property of the judgment debtor had been previously morLgaged for a valuable consideration, the burden is on him to establish the bona fides of the mortgage.</p> <p>3. A jury’s finding on conflicting evidence will not be disturbed on appeal.</p>