Brown v. O'Neal

Citations

• 95 Cal. 262
• 30 P. 538
• 1892 Cal. LEXIS 813

Syllabus

<p>Statute of Frauds — Sale of Personal Property Owned in Co-tenancy — Change of Possession. — Although the statute of frauds is not applicable to a sale by a joint owner or co-tenant of personal property of his interest to a third party, where his co-owner has exclusive possession, yet where one of the co-owners of personal property, who is in the sole possession thereof, sells his interest therein to a third party, there must be an immediate delivery, followed by an actual and continued change of possession, as required by section 3440 of the Civil Code, or the sale will be void as to his creditors.</p> <p>Id. — Fraudulent Transfers — Attachment by Subsequent Creditor — Consideration — Good Faith. — A transfer of personal property which is not accompanied by an immediate delivery, and followed by an actual and continued change of possession, is fraudulent and void as against the claim of any creditor who is such creditor during any of the time the person making the transfer remains in possession, and such creditor may cause the property to be seized in the same manner as he might have done had there been no attempted transfer by the debtor. The consideration paid by the purchaser or the good faith of the transaction cannot be inquired into for the purpose of evading the force and effect of the law declaring such transfer fraudulent and void.</p>