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Harter v. Donahoe

2 Cal. Unrep. 633 Court Cal. Decision date 1886-01-29 Docket No. 11,138 English

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p. 633
HARTER v. DONAHOE.
No. 11,138;
January 29, 1886.
9 Pac. 651.

Headnote

Sales—Immediate Delivery and Change of Possession.-—Where a sale is not accompanied by an immediate delivery and continued change of possession, it is void as against the vendor’s creditors.
APPEAL from Superior Court, County of Fresno.
Grady & Merriam for appellant; Sayle & Harris for respondent.

The evidence showed that there was no such immediate delivery and continued change of possession of the property in question as required by statute to make valid the transfer to plaintiff: Civ. Code, sec. 3440.

Judgment and order reversed and cause remanded for a new trial.

Statutes and regulations cited