Kendig v. Binkley

Citations

• 10 Pa. Super. 463
• 1899 Pa. Super. LEXIS 303

Syllabus

<p>Province of court — Legal fraud — Bale—Change of possession.</p> <p>In the trial of a feigned issue it is for the court first to determine whether the undisputed facts disclose such a case of possession retained by the vendor, after an alleged sale, as to condemn the transaction as a legal fraud, void as to execution creditors of the vendor.</p> <p>Sale — Continuing possession — Fraud—Burden of proof.</p> <p>When possession does not follow, as well as accompany, an alleged sale, the transaction is fraudulent in law, without regard to the intention of the parties; there must be not only a delivery of the chattels, at the time of the transfer, but a continuing possession in the vendee, and that must be shown by the claimant.</p>