Callen v. Thompson
Tennessee Supreme Court
Upon a sale of goods by deed absolute upon its face, if possession do not follow and accompany the deed, it is prma facie evidence of fraud, and not fraudulent per se. The onus of proof is upon the purchaser to show that the sale was fair, and for a sufficient consideration. This was an action of trover for five negroes. The plaintiff, to support his title, read in evidence a hill of sale for the negroes, dated 23d May 1826, from James Welch to himself.
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Upon a sale of goods by deed absolute upon its face, if possession do not follow and accompany the deed, it is prma facie evidence of fraud, and not fraudulent per se. The onus of proof is upon the purchaser to show that the sale was fair, and for a sufficient consideration. This was an action of trover for five negroes. The plaintiff, to support his title, read in evidence a hill of sale for the negroes, dated 23d May 1826, from James Welch to himself. On the 22d of January 1828, the defendant (a constable of Bedford county) levied eighteen executions against James Welch, upon the said…
1Opinion of the CourtGreen, J.
We shall not notice the evidence, or consider how far the proof may go to show the existence of fraud in fact. The charge of the judge narrowed down the enquiry of the jury to the simple fact, whether possession accompanied and followed the deed. If it did not, he told the jury that it was fraud per se. This question is one of great moment to society. The rights of creditors on the one hand, and of purchasers, for a full and fair consideration from a person indebted, on the other, are deeply involved in its decision. Until the case of Edwards against Harben, executor of Mercer, (2 Term Rep.…
2Cases cited4 opinions
- Hamilton v. RussellSupreme Court of the United States · 1803
- Sturtevant v. BallardNew York Supreme Court · 1812
- Ragan v. KennedyTennessee Superior Court for Law and Equity · 1805
- Ludlow v. Hurd & SewallNew York Supreme Court · 1821
3Cited by2 opinions
- Hewgley v. General Motors Acceptance CorporationCourt of Appeals of Tennessee · 1955
- Nashville Milk Producers, Inc. v. AlstonCourt of Appeals of Tennessee · 1957