The Arkansas banner., 1848-02-15
Dodd vs. MeCraw-Error to Pulaski Circuit
 Court

Court.
 Where pcrscn hollS advers. possession of q slave and third party eb'ains judgme mt and causes exe- cution 10 issue against the former owner the statute of limitations in favor of he party in possession is not arrested by the delivery of the execution to the sheriff, but it continues to run until the actual seizure of the property. Every gift. unaccompanied with possession, is not void against creditors and purchasers: it is so, only where 1t Is not founded on a consideration deemed good in law. The mere fact of existing indebtedness does not render voluntary eony-y absolutely fraudulent or void in law against creditors, if there was no intention the part of the granter delay or de- fraud his creditors.
 The gift of a negro child by father to his iaugh- ter, when he is in independent circumstances not unreasonable. does 1t afford presump ton that it was made 10 injure defraud creditors. Such gift not being fraudulent the time the subsequent endorsements or failure of the father would not make it SO.
 If stranger make gift of slave to child who is living with it's father the latter has the control of the gift the natursl guardian of the chd but the possession Is in the former. So. if the father
 make the git to his child in such case, the latter has the possession
 1 Fraud is a mixed question of law and fact to be submitted 10 the jury, and to be established by com peteDt prOOt. 1T luTN frnu0 Witn0ut any, seient evidence is the duty of the court to set aside their verdict. The conrt will not interfere however, where there is a mere preponderapce of testimony, bHs where the verdict Is so manifestiy against evidence to shock sense o justice and right
 against she purchaser where his property bas been sold under execution against third person. Smith vs. Jones ct s-Error 10 Union circuit court,
 Where the father told inc son "he would let him have of three negro boys he might take choice and then, af'er selection being made, "remarked that he would let him have the boy he had selected as loan to be re-deiivered when called for" the transaction is clearly loan and not . gift and 1t cannot be affected by the subsequent declaration and conduct of the son. A saieby the son conveys no title.
 In such case the right of possession of the slave remained in the son until demand made by the fa-
 her for the redelivery; and until then no right of actionpsccrued.
 i Biggel vs. Williams ct al.-ErroY to Hempstead Circuit Court.
 note payable at certain day, for 20 much mo- ney, with pToyiso that the same may he dscharged In Arkansas Bank paper. if paid on the day it be- comes due, is payable !n specie If the obligor fails to make payment nt maturity. , If the record fails to show such facts as would eniitIe inc obligor to pay in Arkansas paper this court VIII not presume thal such facts were proven in the trial in the court below. ! Dixon rs. Thatcher ct al.-Appesl from Pulaski Circuit Court. Upon the death of the defendant in an action of repl@vin for slave, his heirs and not his admius- traiors should be made party to the suit. ] Payne e al vs- Bank of Mississippi of error to Cbicct Circuit Court
 Goodine et si vs same. ] GoodlOe ct al same. Taylor ct al. same. ! These cases reversed upon poists already | reported.
 Byrd Dse Taylor vs. Craichicld--Error to Pa ] lashi Circnif Entirf 2d Enz Kan arf