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" ... if made by a person having at the time the possession or control of the property, and not accompanied by an immediate delivery, and followed by an actual and continued change of possession of the things transferred to be fraudulent, and therefore... "
The Pacific Reporter - Σελίδα 379
1914
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Reports of Cases Determined in the Courts of Appeal of the State ..., Τόμος 37

1920 - 968 σελίδες
...law, and a contract of bottomry and respondentia, is conclusively presumed, if made by a person having at the time the possession or control of the property,...things transferred, to be fraudulent, and therefore 550 BOOT v. BOYD. [37 Cal. App. void, against those who are his creditors while he remains in possession....

Reports of Cases Determined in the Courts of Appeal of the State ..., Τόμος 53

1923 - 940 σελίδες
...in support of the assertion. The plaintiff cannot recover if the transfer of the property to her was "not accompanied by an immediate delivery, and followed...continued change of possession of the things transferred." [1] If not thus transferred, the transfer is deemed to be fraudulent and void against those who are...

Reports of Cases Determined in the Courts of Appeal of the State ..., Τόμος 40

1920 - 944 σελίδες
...testimony tending to show that the transfer of the property, by the Oil Company to the trustee, was accompanied by an immediate delivery, and followed...continued change of possession of the things transferred. This evidence was offered, apparently, for the purpose of showing that the requirements of section...

Reports of Cases Determined in the District Courts of Appeal of ..., Τόμος 40

1920 - 944 σελίδες
...while he remains in possession, ..." Under this provision, since the sale by Gillette to Phillips was "not accompanied by an immediate delivery, and followed by an actual and continued change of possession," the sale and purported transfer to Phillips must, as to the attaching creditor, be...

Reports of Cases Determined in the Courts of Appeal of the State ..., Τόμος 19

1913 - 980 σελίδες
...if the evidence was otherwise sufficient to warrant a finding that the transfer of the property was not accompanied by an immediate delivery and followed by an actual and continued change of possession. The error of these instructions was not cured by anything which the trial court said...

Reports of Cases Determined in the Courts of Appeal of the State ..., Τόμος 33

1917 - 930 σελίδες
...property is conclusively presumed to be fraudulent, as against the creditors of the transferrer, unless accompanied by an immediate delivery and followed by an actual and continued change of possession. (Fissell v. Monroe, 756.) GIFT. See Trust, 1, 2, 13, 14. GOODWILL. See Sale, 4, 5. GUARANTY....

Reports of Cases Determined in the District Courts of Appeal of ..., Τόμος 33

1917 - 928 σελίδες
...property is conclusively presumed to be fraudulent, aa against the creditors of the transferrer, unless accompanied by an immediate delivery and followed by an actual and continued change of possession. APPEAL from a judgment of the Superior Court of Tolo County. WA Anderson, Judge. The...

Reports of Cases Decided in the Supreme Court of the State of ..., Τόμος 11

South Dakota. Supreme Court - 1900 - 736 σελίδες
...controverted, but the defendants claimed, and introduced evidence tending to show, that the sale Avas not accompanied by an immediate delivery, and followed by an actual and continued change of possession of the property sold. At the close of the trial, both the plaintiff and defendants moved...

The Law of Fraud and the Procedure: Pertaining to the Redress Thereof

Melville M. Bigelow - 2000 - 372 σελίδες
...his possession or under his control, and every assignment of goods and chattels, unless the same is accompanied by an immediate delivery, and followed...actual and continued change of possession of the things sold or assigned, shall be presumed to be fraudulent and void, as against the creditors of the vendor...
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Minnesota Reports: Cases Argued and Determined in the Supreme ..., Τόμος 23

Minnesota. Supreme Court - 1879 - 632 σελίδες
...Same— Void as against Levying Creditor without Notice, unless Filed.— When » chattel mortgage is not accompanied by an immediate delivery, and followed...actual and continued change of possession of the things mortgaged, though it appears to hare been executed in good faith, and not for the purpose of defrauding...




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