Francisco v. Aguirre

Citations

• 94 Cal. 180
• 29 P. 495
• 1892 Cal. LEXIS 662

Syllabus

<p>Sale — Delivery and Change of Possession. — Upon the execution of a bill of sale, the title to the property sold, as between the parties to the instrument, vests in the purchaser, although the sale was unaccompanied by an actual delivery and continued change of possession; and the purchaser may at any time maintain an action against the seller to recover the possession, irrespective of such delivery.</p> <p>Id. —Assignment for Benefit of Creditcrs —Power of Assignee. —An assignee for the benefit of creditors acquires, subject to the statutory restrictions, only those powers and rights in reference to the property assigned which are embraced in the instrument of assignment.</p> <p>Id.—Fraudulent Conveyance—Assignee cannot Maintain Action to Recover Property. —In the absence of any statute giving such power, an assignee for the benefit of creditors cannot maintain an action to recover property that has been conveyed by his assignor in fraud of his creditors. In this state, no such special power is given to the assignee by statute.</p> <p>Id. — Devolution of Estate. — An assignee for the benefit of creditors is not a person upon whom the assignor’s estate has “ devolved ” for the • benefit of others than himself. An estate “devolves” upon another when by operation of law, and without any voluntary act of the previous owner, it passes from one person to another; but it does not devolve from one person to another as the result of some positive act or agree- • ment between them.</p>