Chong Yet You v. Rose

Citations

• 23 Haw. 220
• 1916 Haw. LEXIS 24

Syllabus

<p>Statutes — construction—reason and spirit — implication.</p> <p>In case of incompleteness or ambiguity of expression tbe reason and spirit of tbe statute should be considered. That which is necessarily or plainly implied in a statute is as much a part of it as that which is expressed.</p> <p>Sales — fraudulent conveyances — retention of possession hy vendor.</p> <p>Under Sec. 3120, R. L. 1915, a sale of personal property is void as to creditors of the vendor where there is no delivery and change of possession of the property, and the evidence of the sale is not recorded.</p> <p>Replevin- — attached property.</p> <p>It is a good defense to an action of replevin against a sheriff that he holds the property by virtue of a valid writ of attachment against a third party who is the real owner.</p>