In what circumstances have the courts found there was not an actual change of possession of a property in the transfer of goods from an assignee to the assignee?
Ontario, Canada
The following excerpt is from Kinloch v. Scribner, 1883 CanLII 9 (ON CA):
In Carscallen v. Moodie et al, 15 U.C.R. 92, it does not appear that there was any actual delivery of the goods to the assignee. There appears to have been nothing more than the execution of the deed which embraced both lands and chattels, and the case is of no further importance than shewing that upon the facts there, which are totally unlike those in the present case, there was not sufficient evidence to warrant the jury in finding there was an actual change of possession.
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