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· 1/20/1908

Greenwood v. Corbin

Citations

  • 48 Wash. 357
  • 93 P. 433
  • 1908 Wash. LEXIS 866

Syllabus

<p>Trover and Conversion — Evidence—Admissibility. In an action of trover for the value of property sold under attachment against a third person, evidence as to the merits of the attachment suit is irrelevant.</p> <p>Same — Evidence of Plaintiff's Ownership — Sufficiency. In an action for the conversion of a team, harness, wagon, and tools, under attachment proceedings against plaintiffs father, the evidence is sufficient to show ownership in the plaintiff, and it was error to dismiss the action, where it appears from uncontradicted evidence that one of the horses was given to the plaintiff by his father on his twenty-first birthday, and the other articles were purchased by him with his own money, although there was a circumstance indicating a claim of ownership made by the father.</p> <p>Fraudulent Conveyances — Transfer of Personalty — Place of Sale — 'What Daw Governs. The statutes of Idaho relating to sales have no bearing on the question of the ownership of personal property sold in this state and afterwards removed to .Idaho.</p> <p>Same — Change of Possession — Existing Creditors — Statutes— Construction. Bal. Code, § 4578, providing that no bill of sale for the transfer of personal property shall be valid as to existing creditors, where the property remains in the possession of the vendor, unless the same is recorded, has no application where no debts existed at the time of the sale.</p>

Judges: Dunbar

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