Statute of Frauds — Sale of Personal Property — Actual and Continued Change of Possession. — A transfer of personal property, not accompanied by an immediate delivery, and an actual and continued change of possession, is conclusively presumed to he fraudulent, and therefore void as against the creditors of the vendor.

Id. — Definition of “Actual.”—The word “actual,” as applied to the change of possession required by section 3440 of the Civil Code, means existing in act, and truly and absolutely so; really acted or acting; carried out; opposed to potential, possible, virtual, or theoretical.

Id.—Insufficient Evidence of Change of Possession — Attachment of Farm-wagon Retained on Homestead—Agency.—The evidence is insufficient to show an actual and continued change of possession of a farm-wagon attached by a creditor of the vendor, if it appears that the wagon was retained upon a farm properly claimed as a homestead by the vendor’s wife, and upon which the family of the vendor continued to reside, after the wagon had been sold to the mother of the vendor, who was a non-resident of the state, though it may appear that the vendor had ceased farming and engaged in other business, .and that his wife and her father were the authorized agents of his mother to act for her in regard to the property sold to her.

Id. —Authority to Take Possession. —Such transaction could amount to no more than an authority to the vendee to take actual possession of the farm-wagea, which she failed to do.

Id__Invalid Conveyance of Homestead. — A deed of the husband, in

which the wife does not join, purporting to convey the homestead to a vendee, to whom he has sold a farm-wagon situated thereon, is wholly inoperative as a conveyance of the homestead, and does not constitute any evidence of a change of possession of the premises or of the farm-wagon.

Id. — Change of Indicia of Ownership. — There is no sufficient change of possession when the property appears to remain, to all external appearances, in the same condition in which it was before the sale, and there is nothing to notify third persons of the claim of the new owner. The possession of the vendee must be open and unequivocal, Carrying with it the usual marks and indications of ownership by the vendee.

Id__Constructive Possession of Personal Property Sold—■ Change

of Ownership of Land Insufficient. — Constructive possession by the vendee of personal property sold, or the mere transfer of ownership of land on which the personal property is situated, is not alone sufficient to constitute the change of possession of the personal property required by the statute of frauds; but the possession of the personal property must be so changed as to indicate by the change that the former owner no longer owns it.

Erroneous Instruction as to Evidence. — In no conceivable case would it be proper to instruct the jury that if there is some evidence in favor of the plaintiff’s side of the case, whether it be little or great, it is their duty to find for the plaintiff.

Time for Appeal from Judgment—Dismissal. —An appeal from a judgment taken more than one year after its entry will be dismissed.