Davies v. Bogart

Judgment and order reversed on the exceptions, and a new trial ordered, with costs to abide the event. Held: 1. That the court erred in receiving evidence of the declarations of the witness Buskey; 2, that there was no evidence that the plaintiff’s mortgage was fraudulent as against Buskey’s creditors, and the court improperly refused to charge the jury to that effect; 3, the court improperly refused to charge that the price agreed upon between the defendant and Buskey for keeping the mule was conclusive upon the defendant, and he could not claim, a lien upon the mule for any greater sum for such keeping.