Leiter v. Grimes

Grason, J., delivered the opinion of the Court. The questions as to the admissibility of the evidence, objected to in the first and second exceptions, we regard as altogether immaterial. The instructions, granted at the instance of the appellants, required the jury, if they should find the facts set out in the instructions, and that the deed from James Grimes to the appellee had been executed with intent to hinder, delay or defraud his creditors, to find their verdict for the appellants. It is manifest that, if the jury believed the deed to be bona fide and for valuable consideration, the admission in evidence of the mortgage from James Grimes to Rentch, and the assignment of it by Rentch to the appellee, and of the facts accompanying such assignment, could not properly affect the case one way or the other; and if the jury believed the deed to be a fraud upon James Grimes’ creditors they were instructed by the Court, in effect, that the mortgage and assignment and the facts accompanying the assignment, did not stand in the way of their finding their verdict for the appellants.

Under these instructions, the evidence set out in these two exceptions and admitted by the Court could not by possibility injure the appellants, even if it ⁴³⁸ was