Adams v. Coates

8 Del. 9

• Court: Superior Court of Delaware
• Decided: July 5, 1864
• Status: Published

Opinion

The Court, Gilpin C charged, the Jury:

That the evidence in regard to the order or instructions of Coates to the Constable on the day of sale, seemed to be conflicting, but if they were satisfied upon all .the testimony which they had heard on that point, that Coates who was the plaintiff in the execution, had ordered the Constable on the day of sale and in the presence of the bidders who had an opportunity of hearing it, not to sell the yoke of oxen in question, the sale was null and void, and the plaintiff in the action would not be entitled to recover. But if he ordered him to sell them, or was present at the sale and gave him no orders to the contrary, then their verdict should he for the plaintiff.