Kennedy v. Conroy

Citations

• 5 Cal. Unrep. 337
• 44 P. 795
• 1896 Cal. LEXIS 1054

Syllabus

<p>Sale—Change of Possession.—A Stepfather Delivered to his stepson, who had been living with Mm on his ranch, a lease thereof, reserving two rooms in the house thereon for himself, and at the same time gave him, for value, a bill of sale of sheep and hogs running on the ranch. The lease was never recorded, and they continued to live together on the ranch without any change in their relations or in the possession being manifest to the world. Held, that the bill of sale was void, under Civil Code, section 3440, declaring all sales of personal property void as to creditors where there is not actual and continued change of possession.</p> <p>Contract—Consideration.—Cancellation of a Pre-existing Debt is a valuable consideration.</p> <p>Fraudulent Conveyance.—A Preference of Creditors by an insolvent is valid.</p>