Excerpt from The Law Reports, Vol. 6: Court of Exchequer; From Michaelmas Term, 1870, to Trinity Term, 1871, Both Inclusive; XXXIV Victoria
The 17 & 18 Vict. c. 36, s. 7, enacts that personal chattels shall be deemed to be in the "apparent possession" of the grantor of a bill of sale, so long as they shall remain or be in or upon any house, land, or other premises "occupied" by him: -
Held, that the "occupation" referred to in this section is actual de facto occupation.
The grantor of a bill of sale, which was not registered, was tenant of rooms where the goods comprised in it were placed, but he resided elsewhere. Having made default in paying the sum secured he gave the keys of the rooms to the grantee, who opened the rooms and put his own name on some of the goods. None, however, were removed, and an execution at the suit of a judgment creditor against the grantor was afterwards levied on them: -
Held, that the grantor did not "occupy" the rooms within the meaning of 17 & 18 Vict. c. 36, s. 7, and that the goods were not to be deemed in his "apparent possession," and that the bill of sale was therefore valid as against the execution creditor.
Declaration for trespass to goods. Plea (among others): not possessed. Issue thereon.
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