Davis v. Maloney

Citations

• 26 Del. 408
• 3 Boyce 408
• 84 A. 947
• 1912 Del. LEXIS 48

Syllabus

<p>1. Fraudulent Conveyances—Consideration—Change of Possession—Gifts.</p> <p>Rev. Code 1852, amended to 1893, p. 526, c. 63, § 4, providing no sale of any chattels shall be good in law, except against the seller, or shall change the property therein, unless a valuable consideration shall be paid, or in good faith secured, and unless the chattels shall be actually delivered to the buyer, .as soon as conveniently may be after the sale, applies to a gift.</p> <p>2. Fraudulent Conveyances—Possession of Property of Another. Rev. Code 1852, amended to 1893, p. 526, c. 63, § 4, as to fraudulent conveyances, has no application to the case of one who buys chattels and places them in the hands of another to keep for him, so as to make them subject to the claims of the creditors of the one so keeping them.</p> <p>3. Witnesses—Credibility—Inconsistent Statements.</p> <p>While, as regards the question whether property, levied on by defendant as the property of plaintiff’s father, belonged to plaintiff, statements of the father, a few days before, on the occasion of other levies, that it was his property, may not be considered, they may be considered in determining the credit to be given the father’s testimony that it belonged to plaintiff.</p>