Betz v. Conner

Citations

• 7 Daly 550

Syllabus

<p>Where after a levy and sale by the sheriff of personal property of an execution1 debtor which before the sale is kept and used by the debtor in his own name on the premises where he resides, the property after the sale remains in the same-premises still occupied by the debtor, and is used and controlled by him in all inspects as before, except that after the sale he acts as agent of the purchaser at the-execution sale -.—Held, that the change of possession is constructive and not actual, and the sale is, under the Statute of Frauds, presumptively fraudulent as against creditors of the person whose property is thus sold.</p> <p>Tlie fact that the sale is made by the sheriff under a valid execution, instead of being made directly by the execution debtor to the vendee, makes no difference in the application of that statute.</p> <p>Where, at the close of the case, counsel made requests to charge several propositions of law applicable to the case, and the court afterwards in its charge did not-include or refer to the points requested, and subsequently on its attention being called to the omission, refused to alter its charge,—Held, that exceptions thpn . taken to each refusal to charge as before' requested were specifically taken and were to he considered on appeal.</p>