Valley Distilling Co. v. Atkins
Supreme Court of Arkansas
APPEAL from Crawford Circuit. Court. R. B. Rutherford, Judge. 1. The rule in this state is, that possession by the vendor of personal property is a badge of fraud which raises a presumption' which the law deems conclusive, unless explained both as to good faith of sale and as to possession.
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APPEAL from Crawford Circuit. Court. R. B. Rutherford, Judge. 1. The rule in this state is, that possession by the vendor of personal property is a badge of fraud which raises a presumption' which the law deems conclusive, unless explained both as to good faith of sale and as to possession. When a vendee allows his vendor to remain in possession and thus obtain credit, the sale is treated as creating a secret trust in favor of the vendor and as being fraudulent and void as to creditors, unless bona fides and valid consideration are shown to rebut the presumption. When the creditor proves his…
1Opinion of the CourtCooitRiLTi, C. J.
The issue in this case was whether the goods levied on by the sherifi under an attachment against W. O. Atkins, at the suit of the Valley Distilling Company, belonged to the defendant in the attachment at the time of the levy, or to the interpleader, IT. G. Atkins.
The only question necessary to consider is, was the evidence sufficient to sustain a verdict lor the claimant ?
To show title in himself he gave in evidence a bill of sale executed by W. 0. Atkins to him on the 1st of November, 1885, transferring a lot' of furfiitüré, such as ' chairs, stoves,-lamps,. &e.
The bill of sale recited that…
2Cases cited4 opinions
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Rose v. ColterIndiana Supreme Court · 1881
- Tifft v. BartonNew York Supreme Court · 1847
- Allen v. CowanNew York Supreme Court · 1858
3Cited by6 opinions
- Leonhard v. FloodSupreme Court of Arkansas · 1900
- Nickerson v. Wells-Stone Mercantile Co.Supreme Court of Minnesota · 1898
- American Co. of Arkansas v. WheelerSupreme Court of Arkansas · 1930
- Burke v. SharpSupreme Court of Arkansas · 1908
- Smith v. JonesSupreme Court of Arkansas · 1896
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