Yank v. Bordeaux
Montana Supreme Court
Appeal from District Court, Silver Bow Countyy John Lindsay, Judge. Action by John Yank against T. J. Bordeaux, constable. From a judgment tor defendant, and an order overruling plaintiff’s motion for new trial, plaintiff appeals. The transfer of personal property, not accompanied by an immediate delivery and an actual and continued change of ■¡possession, is, conclusively presumed to be fraudulent and -therefore void as against the creditors of the vendor.
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Appeal from District Court, Silver Bow Countyy John Lindsay, Judge. Action by John Yank against T. J. Bordeaux, constable. From a judgment tor defendant, and an order overruling plaintiff’s motion for new trial, plaintiff appeals. The transfer of personal property, not accompanied by an immediate delivery and an actual and continued change of ■¡possession, is, conclusively presumed to be fraudulent and -therefore void as against the creditors of the vendor. (Civil «Code, Sec. 4491; O'Gary v. Lowry, 5 Mont. 427, 431-32; Bunting v. Salts, 84 Cal. 168.) The mere fact that the appellant’s…
1Opinion of the CourtJustice Pigott
The plaintiff, claiming to own an undivided one-half interest, amounting ¡to 1434.38, in certain ores treated at the Par,rot smelter, brought this action for damages against the defendant, who, as.constable, had levied upon and seized such ¿interest on exQcutions against the property of Pohndorf, Pear*207son and Thompson, in favor of their judgment creditors, and who, upon demand, refused to release the levy, or to pay the said amount to the plaintiff. The issues were tried by jury, and a general verdict for the defendant was returned. The plaintiff appeals from an order overruling his motion for…
2Cases cited6 opinions
- Reynolds v. FitzpatrickMontana Supreme Court · 1899
- Graham Paper Co. v. PembrokeCalifornia Supreme Court · 1899
- Brown v. O'NealCalifornia Supreme Court · 1892
- Oppenheimer v. First National BankMontana Supreme Court · 1897
- McAdow v. BlackMontana Supreme Court · 1882
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3Cited by6 opinions
- Stauffacher v. Great Falls Public Service Co.Montana Supreme Court · 1935
- Short v. KarnopMontana Supreme Court · 1929
- Anderson v. CourtneySupreme Court of Oklahoma · 1950
- Love v. SchmidtSupreme Court of Oklahoma · 1910
- Wanamaker Ditch Co. v. RenoSupreme Court of Colorado · 1926
1 more not listed; retrieve them via the Exa API.