| 1890 - 1290 pages
...said, viz. : " Here, as we have before stated, the jury were authorized to find that this sale was not accompanied by an immediate delivery and followed by an actual and continued change of possession of the property sold. And hence the presumption that it was fraudulent and void as against... | |
| Abraham Clark Freeman - 1890 - 1022 pages
...property ig not invalid as against the subsequent creditors of the husband, on the ground that it was not accompanied by an immediate delivery, and followed by an actual and continued change of possession. MERE USB BT HUSBAKD or PROPERTY GIVEN BT HIM TO HIS Win when he is solvent, which is... | |
| 1891 - 930 pages
...morttnige or conveyance intended to operate as a mortKHKe on goods and chattels which shall hereafter bo. made, which shall not be accompanied by an immediate...delivery, and followed by an actual and continued chanvre of possoaxion of' the tliinvrs mnrt^afred, shall be iib«oluK'ly void as UU;IM<SI creditors... | |
| Montana. Supreme Court - 1891 - 736 pages
...presumed, if made by a person having at the time the possession or control of the property, and, if not accompanied by an immediate delivery and followed by an actual and continued change of possession of the property transferred, to be fraudulent and therefore void, as against the purchaser... | |
| 1891 - 1076 pages
...secure a debt. Smith v. Heattie, 31 NY 542. A chattel mortgage is void as against creditors unless accompanied by. an immediate delivery, and followed by an actual and continued possession, unless the mortgage, or a copy thereof, is filed. 3 Rev. St. (Banks' 7th Ed.) p. 2249,... | |
| 1891 - 780 pages
...purchasers or mortgagees " referred to in s. 4 of RS 0. c. 125, are those whose purchases or mortgages are accompanied by an immediate delivery and followed by an actual and continued changejof possession or who have complied with the provisions of the Act ; and as neither the plaintiff... | |
| 1903 - 880 pages
...Wis. 1808, 5 2310, which makes sales presumptively fraudulent against creditors of the vendor unless accompanied by an immediate delivery, and followed by an actual and continued change of possession; conceding that such statute applies to a contract for the sale of property not at the... | |
| Abraham Clark Freeman - 1893 - 1042 pages
...presumed, 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...actual and continued change of possession of the things transferred, to be fraudulent, and therefore void, against those who are his creditors while he remains... | |
| 1893 - 1172 pages
...creditors of the Tender, and forms an exception to the genernl rule, which requires that such sale must be accompanied by an Immediate delivery, and followed by an actual and continued change of possession of the thing sold. Numerous authorities are cited by counsel for the respective parties... | |
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