Fait & Slagle Co. v. Truxton

Citations

• 17 Del. 24
• 1 Penne. 24
• 39 A. 457
• 1897 Del. LEXIS 30

Syllabus

<p>Replevin—Practice—-Non Stdt Refused—Evidence—Decision as to judgment creditors in England vs. Forbes, 7 Houston, 306, Disregarded by a majority of the Court; Grubb, f., dissenting.</p> <p>1. The fact that a juror is a nephew of one of the counsel engaged in a civil suit, is not a sufficient ground to disqualify him from serving as a juror in said suit.</p> <p>2. In an action of replevin for goods sold by the plantiff to a vendee under whom the defendant derived his title, the testimony of persons who have sold goods to the same vendee about the same time, showing that he was then insolvent, and that he knew it, and that he had no reasonable expectation of paying for the goods purchased by him, is competent evidence to prove that his purchase from the plaintiff was fraudulent.</p> <p>3. A purchaser for a valuable consideration, without knowledge or notice of fraud, takes a valid title from the fraudulent buyer which cannot be defeated by the original vendor.</p> <p>4. Where goods in the hands of a .fraudulent vendee are levied upon under executions issued on the judgments of other creditors whose debts were contracted prior to the alleged fraudulent sale, such levies will not hold good against the defrauded seller, who has elected to avoid the sale or prevent him from recovering the goods or the value thereof in an action of replevin.</p> <p>5. . The right of the vendors to rescind or avoid the contract of sale exists so long as the goods remain in the hands of the fraudulent purchaser, or some one having them with a knowledge of the fraud by which they were originally obtained. Until rescinded the title to the property is in the buyer, who may dispose of it to bonah.de purchasers for value, and thus vest in them indefeasible and irrevocable title to the property.</p> <p>6. The suing out of the writ of replevin is in itself a rescisión of the contract.</p>