Hesthal

The following is the statement presented to this Court by the respondent:

The Court below charged the jury: “ How if you find from *625 the evidence in the case that possession of the property was delivered to the plaintiff on the execution and delivery of the bill of sale, and that the property was under the personal control of the plaintiff, either by himself or by his son and bar-keeper, from the 16th of June until the 22nd of June, when it was taken by defendant under attachment against Gans, as matter of law I say to you that constituted an actual and continued change of possession, and the sale would be valid as against the creditors of Gans, although the bar-keeper of Gans may have continued in charge of the property in the saloon under plaintiff in this case.”

The statute provides that every transfer of personal property “ is conclusively presumed ” to be fraudulent and void as against those who are creditors of the transferrer while he remains in possession, if it be not accompanied by an immediate delivery and followed by an actual and continued change of possession. (Civil Code, sec. 3440.)

In addition to the above statement of respondent, the case shows that the two…