Rapple v. Hughes

Citations

• 10 Idaho 338
• 77 P. 722
• 1904 Ida. LEXIS 37

Syllabus

<p>Sate or Personal Property — Delivery and Possession.</p> <p>1. A sale of personal property is attacked as fraudulent under the provisions of section 3021, Revised Statutes of Idaho, 1887, on the grounds that it was not accompanied by an immediate delivery and followed by an actual and continued change of possession of the property transferred. Evidence examined and held that it is sufficient to support the findings and judgment of the court below.</p> <p>2. The determination as to what constitutes immediate change and delivery and actual possession is purely a question of fact to be determined by the jury, or the court in ease a jury is waived, from all the evidence in each particular case, following Simons v. Daly, 9 Idaho, 87, 72 Pac. 507.</p> <p>(Syllabus by the court.)</p>