48 Pa. 413 | Pa. | 1865
The opinion of the court was delivered, by
— It is clearly settled in this state that a sale of personal chattels, unaccompanied by possessipn, is fraudulent in law as to creditors of the vendor — as to them it is void. This is a question for the court and not for the jury.
In this case the pleas were non cepit and property in the
In this stage of the case the bills of sale were offered by the plaintiffs, but without any proposal or offer or attempt to show that the boat was delivered to the plaintiffs under the assignments, or that there was any change of possession. If admitted, the ■court must have declared them fraudulent in law, and void as to the defendant and other creditors. As, therefore, it could not have changed the case or the result of it if they had been admitted and read, we do not think we are called upon to disturb the verdict.
Judgment affirmed.