12 Vt. 653 | Vt. | 1840
The opinion of the court was delivered by
— The rule of law that requires a substantial change in the possession of personal property, upon a sale,
It may well be supposed that every person, so long as he is the owner of property, needs, for his- own convenience and use, the possession of it, and if upon the sale, the vendor is required to surrender up the possession, it will be a great clog-upon fraudulent sales, and tend to prevent a collusive credit. Though many of our sister states have repudiated the doctrine of fraudulent sales, per se, yet experience shows it to be a doctrine founded in the soundest policy, and from which we have no disposition to recede. It should, however, have a reasonable application, and be so applied as to carry out the ends of the rule, and prevent the mischiefs which it was intended to prevent, and no further. Hence, our courts have held that it does not apply to the sale of such property as is exempt from execution, nor to property in the hands of a bailee, at the time of the sale, the vendee having given him notice of the sale. The only question in the case is, do not the facts reported in this bill of exceptions, show such a change in the possession of the property, which is the subject of this suit, as a sound application of the rule requires ? The property was conveyed to the plaintiff by a bill of sale, on the fifth day of October. The farm upon which the property was located, was conveyed to the plaintiff by deed, bearing date-day of October, but acknowledged on the fourth, and recorded in the forenoon of the sixth of October, and the property was attached on the evening of the sixth. The vendor did not live upon the farm conveyed, and the case finds that the plaintiff had entered upon the premises, though he did not live upon them, and commenced threshing in the barn containing a part of the property conveyed, and that the vendor delivered up to the plaintiff all control of the property in question. What more should he have done ? If a man buys a farm with the personal property upon it, and takes his deed, puts it on record, and enters upon the premises, though his family do not reside upon them, and assumes an exclusive control of the property, the vendor and his family not living upon the farm, is not this all the change in the
Judgment of the county court reversed.