Sale—Change of Possession-—What Constitutes.—To constitute the delivery and change of possession required to constitute a valid sale of personal property under section 3440 of the Civil Code, there must be a visible and apparent change of the custody of the property such as to give evidence to the world of the claims of the new owner.

Id.—Actual Change of Possession — Marks of Ownership.—The change of possession must be actual, not merely constructive; it must be open and unequivocal, carrying with it the usual marks and. indications of ownership.

Id.—Question for Trial Court or Jury — Review on Appeal.— Whether, under these tests, there has been a delivery and change of possession is a question of fact, to be determined by the trial court or jury upon a consideration of all of the evidence. The finding upon this, as upon other issues of fact, is conclusive on appeal,' unless, reading the evidence in the light and with the inferences most favorable to the conclusion reached below, the appellate court can say that that conclusion is without substantial support in the record.

Id.—Continued Custody by Person Who, Before Sale, was in Possession for Seller.—It is not the rule that a continued custody by a person who, before the transfer, had been holding custody for the seller is, as a matter of law, necessarily inconsistent with the delivery and change of possession required by the Civil Code. It is a circumstance entitled to considerable weight, but its effect may be explained and overcome by the other facts appearing.

Id.—Personalty Connected With Mine—-Change of Possession.— In this action by a judgment creditor to set aside, on the ground of fraud, a sale of personal property consisting of mining and other machinery, some iron and steel, ten tons of concentrates, thirty tons of hay, eighty cords of wood, three horses, three sets of harness, and a wagon, belonging to a mining company and situated on certain mining claims, the evidence justifies the finding that the transfer was accompanied by the delivery and change of possession required by the statute.