Woods v. Bugbey

Citations

• 29 Cal. 466

Syllabus

<p>Sale and Mortgage of Personal Property.—The validity of a sale of personal property, as between the vendee and an attaching creditor, when tested upon the question of the delivery and continued change of possession, is to he determined by the same rule whether the sale was absolute or made by way of mortgage to secure an indebtedness.</p> <p>Possession of Personal Property Mortgaged. — The mortgagee of personal property, in order to place it beyond the reach of the creditors of the mortgagor, must have actual possession of the mortgaged property.</p> <p>Purchaser of a Kiln of Bricks.—The purchaser or mortgagee of a kiln of bricks, while being burned, must take that possession of the property which places him in the relation to the same that owners usually have to a like kind of property, in order to secure it against attaching creditors of the vendor.</p> <p>Change of Possession of a Kiln of Bricks when Sold.—If the owner of a kiln of bricks, before the burning of the same has been completed, makes a sale thereof in good faith, and for a valid consideration, to a creditor, and the vendor completes the burning of the kiln, exercising the same apparent control as before, the sale is to be deemed fraudulent as to an attaching creditor for want of a change of possession.</p> <p>When Sale of Personal Property Fraudulent.—The statute of this State makes a sale of personal property fraudulent and void as to creditors when there is not an actual and continued change of possession, and Courts‘cannot evade its force and effect by an inquiry into the consideration paid by the purchaser, or the good faith of the transaction.</p>