Publisher's Synopsis
Excerpt from A Treatise on Fraudulent Conveyances and Creditors' Remedies at Law and in Equity, Vol. 2 of 2: Including a Consideration of the Provisions of the Bankruptcy Law Applicable to Fraudulent Transfers and the Remedies Therefor
Section 1. Retention of possession as element or evidence Of fraud. 2. Transfers presumptively or prima facie fraudulent. 3. Transfers fraudulent per se or conclusively. 4. Sufficiency of change of possession; open, visible and. Notorious possession. 5. Exclusive possession necessary. 6. Exclusive possession necessary where parties live together. 7. Gifts to minor children. Question for the jury.
Continued change of possession. 10. Subsequent possession by vendor after change of possession.
Possession by vendor as agent or bailee of purchaser. Possession by vendor as clerk or servant of purchaser. Possession by vendor as lessee of purchaser. 14. Constructive and symbolical delivery. 15. Where actual delivery is impossible or property is not susceptible of complete manual delivery. 16. Bulky, cumbersome, and ponderous articles. Property in possession of third party as bailee. 18. Grain stored in elevator. 19. Possession by agent or servant of vendor. 20. Delivery of a part for the whole. 21. Intangible property. 22. Delivery of bill Of sale. 23. Possession Of land on which personal property is situated. Delivery to common carrier. Vendee already in possession. 26. Separation or marking Of property purchased. Time of delivery; must be within reasonable time. 28. Change of possession before levy. Assignment in trust for creditors. 30. Possession remaining with mortgagor. 31. Effect Of retaining vendor's Sign. Notice of transaction; publicity and notoriety. 33. Judicial and public sales. 34. Effect of knowledge Or notice as to existing creditors. 35. Effect Of knowledge or notice as to subsequent creditors. 36. Constructive notice and want of it; recording instrument of transfer. 37. Effect Of failure to record or file instrument in general. 38. Rule as to conveyance of real estate. 39. Growing crops. 40. Burden Of proof.
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