Merrill v. Hurlburt
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Colusa, and from an order refusing a new trial. The action is replevin. The property in suit, alleged to be twenty-five tons of hay, more or less, was attached by a creditor of If. S. Merrill, brother of the plaintiff, but subsequently delivered by the sheriff to the defendant Hurlburt as assignee in insolvency of if. S. Merrill.
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Appeal from a judgment of the Superior Court of the county of Colusa, and from an order refusing a new trial. The action is replevin. The property in suit, alleged to be twenty-five tons of hay, more or less, was attached by a creditor of If. S. Merrill, brother of the plaintiff, but subsequently delivered by the sheriff to the defendant Hurlburt as assignee in insolvency of if. S. Merrill. The plaintiff claimed the property by virtue of a sale to him prior to Merrill’s insolvency. The sale was attacked on the ground that there had been no delivery of the property with a continued change of…
1Per curiam
Section 3440 of the Civil Code reads:—
“ Every transfer of personal property, other than a thing in action, or a ship or cargo at sea, or in a foreign port, and every lien thereon, other than a mortgage, when allowed by law, and a contract of bottomry or respondentia, is conclusively presumed, if made by a person having at the time the possession or control of the property, and not accompanied by an immediate delivery, and followed by an actual and continued change of possession of the things transferred, to be fraudulent, and therefore void, against those who are his creditors while he…
2Cited by9 opinions
- Lueras v. BAC Home Loans Servicing, LPCalifornia Court of Appeal · 2013
- Francisco v. AguirreCalifornia Supreme Court · 1892
- Barras v. BarrasMichigan Supreme Court · 1916
- Walters v. RatliffSupreme Court of Oklahoma · 1900
- Fairfield Gardens, Inc. v. County of SolanoCalifornia Supreme Court · 1955
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