123 Mass. 347 | Mass. | 1877
Goods in a shop were attached by the defendant as the property of Daniel Place. The plaintiff claimed title to them under a sale from Daniel previously made to him. The defendant introduced evidence tending to show that, after the alleged sale, the business of the shop was conducted in the same manner as before, without notice, or visible change, or claim of change, in the ownership of the property.
For the purpose of showing that, after the alleged sale to the plaintiff, the purchases and sales of goods in the shop were made by the plaintiff or in his name, a witness was permitted to testify that Daniel stated to him that the goods he was then buying were the goods of the plaintiff, and that the plaintiff had bought him out. This statement accompanied a sale of goods mad i in the shop after the plaintiff’s title was acquired, and before the defendant’s attachment. It was offered in reply to the defend
There is no want of harmony with this result in the decisions of this court. In Boyden v. Moore, 11 Pick. 362, which was an action like this, against an attaching officer for taking personal prop erty of the plaintiff as the property of another, the declarations of the plaintiff as to the custody of the property were admitted to control the in ference of fraud arising from the fact
The cases cited by the defendant from our own reports stand upon the well established rule, that neither the subsequent declarations nor the subsequent acts of a grantor, or of one who has sold goods to another, are competent evidence to defeat or impair the purchaser’s title on the ground that the sale was in fraud of creditors, and do not control the admission of such evidence, when produced only to show the character of the subsequent possession. Horrigan v. Wright, 4 Allen, 514. Gates v. Mowry, 15 Gray, 564. Aldrich v. Earle, 13 Gray, 578.
Pxceptions overruled.