Shepherd v. Gamble

The question for decision is whether the transfer of a huge tractor was void under section 3440 of the Civil Code by reason of the circumstances proved with respect to its delivery.

Defendant Gamble owned an 11%-ton tractor. At the time of his sale to respondent it was located on the Gier ranch 53 miles from Redding where respondent was in business. After the sale on July 8, defendant instructed Gier to release it to respondent. On July 15, appellants caused it to be attached at the Gier place as the property of defendant. Upon the issue raised by respondent’s third party claim the court below…