Weller v. Meeder

Citations

• 2 Pa. Super. 488
• 1896 Pa. Super. LEXIS 75

Syllabus

<p>Sale of personal chattels — Retention of possession by vendor — Fraud.</p> <p>The retention of possession of personal chattels is fraud in law where the subject of the transfer is capable of delivery, and no honest, fair reason can be assigned for the vendor not giving and the vendee not taking possession.</p> <p>Possession of personal property — Fraud—Province of court and, jury. %</p> <p>When the possession of personalty sold is inconsistent with the bill of sale, the law is settled, that it is not merely evidence to be submitted to the jury to draw a conclusion of fraud in fact but it is fraud in itself to be determined by the court.</p> <p>Sale of personalty — Possession—Fraud—Rule of Clow v. Woods.</p> <p>Sale was made by a mother of personal chattels under bill of sale, to a son, resident at a distance; the personalty was in her possession, on her own farm and in her own building. No transfer of possession took place. The son immediately leased the property to his mother and her apparent possession was uninterrupted; the son never exercised any act of ownership excepting the execution of the papers which no one but the mother and son and the scrivener had any knowledge of. Subsequently the son bought his mother’s interest in the farm. The personal property was levied on by a creditor of the mother. Held, (1) that the transaction was fraudulent as to creditors of the mother and fell within the rule of Clow v. Woods; (2) that, the facts being undisputed, in a feigned issue between the son and the execution creditor of the mother, the creditor defendant was entitled to binding instructions.</p>