3 D.C. 354
Decided December 15, 1828
Replevin. Defence under an execution upon a judgment ■against George Travers, the plaintiff’s father; and that the bill of sale from the father was void as to creditors, because the possession remained with the father. The evidence was that the son, the plaintiff, lived in the same house with the father, and that no change of possession took place in consequence of the hill of sale.
Decided 1828-12-15
¶1The CouRT (ThRuston, X, absent,) instructed the jury that if the possession remained with the grantor, the deed was void as to creditors ; and that if the title was in the father, the possession should be presumed to be in him also, at the time of the deed, unless the contrary should appear.
¶2Verdict for the defendant.