Sanders v Crossley

CourtCourt of Appeal (Ireland)
Judgment Date01 January 1919
Date01 January 1919
C. A.,
Sanders and others

10 Chas. I., sess. 2, c. 3 (Ir.) - Bills of Sale (Ireland) Act, 1879 (42 43 Vict., c. 50) -"Possession or apparent possession."

On the 17th August, 1914, the defendant, against whom the plaintiffs had obtained a judgment for the sum of £583 5s. 3d. (being the defendant's share of the joint liability of the plaintiffs and the defendant to the Provincial Bank), made a voluntary assignment of all furniture in his residence to his wife. In pursuance of a writ of fi. fa. under the plaintiff's judgment, the sheriff seized the furniture which up to the seizure remained in the apparent possession of the judgment debtor. It was claimed by the defendant's wife as her absolute property under the assignment. At the date of the execution of the deed the financial circumstances of the defendant were somewhat involved, but it was contended that he was in a position at that time to make a valid voluntary assignment. The plaintiffs' case was that the defendant was not, in fact, in such a position, and that the deed was void, as a bill of sale under the Bills of Sale (Ireland) Act, 1879 (42 & 43 Vict. c. 50), s. 8. The Court decided on the facts...

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