Sweeney v. Coe
Supreme Court of Colorado
Appeal from District Court of Larimer County. This action involves the question of ownership and right of possession to a number of railroad cross-ties.
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Appeal from District Court of Larimer County. This action involves the question of ownership and right of possession to a number of railroad cross-ties. The plaintiffs, Ooe & Carter, claim to have purchased the ties in December, 1884, from Samuel B. Stewart; and the defendant, James Sweeney, denies the ownership and right of possession asserted by the plaintiffs; avers that in August, 1885, he was sheriff of Larimer county, and as such sheriff took said ties from the possession of Stewart by virtue of attachment writs issued at the instance of certain creditors of Stewart; that the ties were…
1Opinion of the Court
De Frange, 0.
Section 14 of the statute relating to frauds and perjuries reads as follows: “ Every sale made by a vendor of goods and chattels in his possession or under his control, and every assignment of goods and chattels, unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession of the things sold or assigned, shall he presumed to be fraudulent and void as against the creditors of the vendor, or the creditors of the person making such assignment, or subsequent purchasers in good faith; and this presumption shall be…
Also in this document: Per curiam.
2Cases cited3 opinions
- Bassinger v. SpanglerSupreme Court of Colorado · 1886
- Cook v. MannSupreme Court of Colorado · 1881
- Wilcox v. JacksonSupreme Court of Colorado · 1884
3Cited by17 opinions
- Fish v. EastCourt of Appeals for the Tenth Circuit · 1940
- Atchison v. GrahamSupreme Court of Colorado · 1890
- Allen v. SteigerSupreme Court of Colorado · 1892
- Stanley v. Citizens' Coal & Coke Co.Supreme Court of Colorado · 1897
- Babbitt v. Bent County BankSupreme Court of Colorado · 1911
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