H. A. V. Post v. Berwind-White Coal Mining Co.

Citations

• 176 Pa. 297
• 35 A. 111
• 1896 Pa. LEXIS 1072

Syllabus

<p>Vendor and vendee — Ghange of possession — Fraud upon creditors.</p> <p>Certain dredges and scows used in the work of removing islands in a river were sold while so employed, the vendor retiring and the vendee coming in and taking possession. Held, that the possession of the vendee was good as against attaching creditors of the vendor; such possession being as sufficient as if the vendee had removed the property to a new place.</p> <p>Collateral security — Lien for debt — Parties—Purchasers and creditors.</p> <p>Where the vendees of personal property are in possession, but the legal title of the property is in a trustee as security to the vendor for the payment of the purchase money, such legal title cannot prevail against a bona fide purchaser for value without notice, or against creditors having a lien by levy or attachment acquired while the properly was in possession of the debtor vendees, but is good against all others.</p> <p>Tortious possession — Debtor and creditor — Lien of levy.</p> <p>Where a bona fide vendee of personal property for a valuable consideration takes possession under his purchase, and subsequently the vendors, forcibly and without right, repossess themselves of said property, such tortious possession does not make said property subject to levy by the creditors of said vendors.</p>