Montgomery v. Hunt

Citations

• 5 Cal. 366
• 1855 Cal. LEXIS 145

Syllabus

<p>The statement of a witness when in Ms senses, in relation to his own- condition' at the time of a sale, ought to be conclusive.</p> <p>The party introducing the witness making this statement, is estopped from denying his sanity.</p> <p>A sale of property, however fraudulent as to creditors, is good as between the parties to the sale.</p> <p>The plaintiffs purchased from B a certain number of cattle, and presented to 0, the agent of B, an order for their delivery. C pointed out the cattle to the plaintiffs, as they were grazing in view, and told him that he delivered him possession, and then accepted an offer of employment from the plaintiffs, and remained in charge of the cattle until they were seized by the defendant. Held, That this was a delivery as immediate and as complete as the nature of the case would admit, and followed by an actual and continued change of possession.</p>