Cosby v. Cline

<p>[1] Fraudulent Conveyances—Applicability op Section 3440, Civil Code—Possession or Control op Property.—Section 3440 of the Civil Code, which describes a certain variety of constructive fraud whereby a transfer of personal property is declared to be fraudulent as a matter of law, regardless of the actual motives or intentions of the parties, cannot be extended beyond its plain meaning, and by its own terms it applies only to transfers made by a person having at the time the possession or control of the property.</p> <p>[2] Id.—Property in Possession op Sheriff—Immediate Delivery Unnecessary.-—A sale of personal property in the possession of the sheriff under a writ of attachment is valid as against creditors without immediate delivery or continued change of possession.</p> <p>[3] Id.—Transaction Between Attached Party and Third Person— Valid Transper.—Where the owner of an automobile, while it was in the possession of the sheriff under an attachment, transferred his interest in the ear to a third party in consideration of the payment by the latter of the attachment and another lien against the car, and thereupon the attachment was released and the third party took control of the ear, but left it in the same garage subject to his orders, and thereafter the owner executed a bill of sale to such third party, the owner was not in possession or control of the car under section 3440 of the Civil Code, and the seizure thereof by the sheriff in a subsequent action against the original owner was wrongful.</p>