Vanmeter v. Estill
Court of Appeals of Kentucky
Case 90 — ORDINARY— APPEAL FROM CLARK COURT OF COMMON PLEAS. 1. It is well settled that a sale of chattels must be accompanied by the possession, and the want of it is not presumptive but conclusive evidence of fraud as against creditors of, or purchasers from, the vendor. (Jarvis v. Davis, 14 B. Mon., 529; Enders v. Williams, I Met.) 2. The sale is void as to subsequent creditors. (Waller v. Cralle, 8 B. M., 12.) 3. Notice cannot affect such a creditor.
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Case 90 — ORDINARY— APPEAL FROM CLARK COURT OF COMMON PLEAS. 1. It is well settled that a sale of chattels must be accompanied by the possession, and the want of it is not presumptive but conclusive evidence of fraud as against creditors of, or purchasers from, the vendor. (Jarvis v. Davis, 14 B. Mon., 529; Enders v. Williams, I Met.) 2. The sale is void as to subsequent creditors. (Waller v. Cralle, 8 B. M., 12.) 3. Notice cannot affect such a creditor. (Mason v. Baker, 1 A. K. M., 209.)
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
The principal question in this case is, whether, if the seller of personal property remains in possession of it, the sale is conclusively presumed to be fraudulent as to a creditor of the seller whose debt is contracted after the sale, and with actual notice of it.
This court has held, in an unbroken line of decisions, commencing with Bradley v. Buford (Snead, 13) and continuing down to Morton v. Ragan (5 Bush, 334), that an absolute *457:sale of personal property is, in judgment of law, per se fraudulent as to purchasers from,, and creditors of the…
2Cases cited8 opinions
- Enders v. WilliamsCourt of Appeals of Kentucky · 1858
- Daniel v. Morrison'sCourt of Appeals of Kentucky · 1838
- Waller v. CralleCourt of Appeals of Kentucky · 1847
- Butt v. CaldwellCourt of Appeals of Kentucky · 1816
- Morton v. Ragan & DickeyCourt of Appeals of Kentucky · 1869
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3Cited by3 opinions
- First National Bank v. LindenstruthCourt of Appeals of Maryland · 1894
- Van Meter v. Van MeterCourt of Appeals of Kentucky · 1916
- First National Bank of Lexington v. BowmanCourt of Appeals of Kentucky · 1916