...the time plaintiff says they were sold to him by AJ Yeoman, and that such sale, if there was one, was not accompanied by an immediate delivery and followed by an actual and continued change of possession of the cattle, then you must treat said sale as fraudulent and void as against the defendant...

...lien thereon, other than a mortgage, when allowed by law, and a contract of bottomry and respondentia, is conclusively presumed, if made by a person having...things transferred, to be fraudulent, and therefore 550 BOOT v. BOYD. [37 Cal. App. void, against those who are his creditors while he remains in possession....

...in support of the assertion. The plaintiff cannot recover if the transfer of the property to her was "not accompanied by an immediate delivery, and followed...continued change of possession of the things transferred." [1] If not thus transferred, the transfer is deemed to be fraudulent and void against those who are...

...testimony tending to show that the transfer of the property, by the Oil Company to the trustee, was accompanied by an immediate delivery, and followed...continued change of possession of the things transferred. This evidence was offered, apparently, for the purpose of showing that the requirements of section...

...transfers the statute expressly declares that the presumption of fraud attaches "if" the transfer is "made by a person having at the time the possession or control of the property." This language implies, as a necessary corollary, the proposition that the transfers dealt with in the...

...if the evidence was otherwise sufficient to warrant a finding that the transfer of the property was not accompanied by an immediate delivery and followed by an actual and continued change of possession. The error of these instructions was not cured by anything which the trial court said...

...while he remains in possession, ..." Under this provision, since the sale by Gillette to Phillips was "not accompanied by an immediate delivery, and followed by an actual and continued change of possession," the sale and purported transfer to Phillips must, as to the attaching creditor, be...

...property is conclusively presumed to be fraudulent, aa against the creditors of the transferrer, unless accompanied by an immediate delivery and followed by an actual and continued change of possession. APPEAL from a judgment of the Superior Court of Tolo County. WA Anderson, Judge. The...

...property is conclusively presumed to be fraudulent, as against the creditors of the transferrer, unless accompanied by an immediate delivery and followed by an actual and continued change of possession. (Fissell v. Monroe, 756.) GIFT. See Trust, 1, 2, 13, 14. GOODWILL. See Sale, 4, 5. GUARANTY....

...controverted, but the defendants claimed, and introduced evidence tending to show, that the sale Avas not accompanied by an immediate delivery, and followed by an actual and continued change of possession of the property sold. At the close of the trial, both the plaintiff and defendants moved...