case on the petition of richard FLYN and richard field merchant in the  bankruptcy of huge matthews December the d one matthews sell to the petitioner  two three of barrel of tar at the rate of S per barrel and the other three he  agree shall be consign to petitioner for sale at his risk and on his own  account and that he shall be at the charge of cartage and porterage and ship  off the whole and matthews accord cause the tar to be put into a warehouse of  his own for the purpose of the agreement petitioner at the same time pay  matthews in London bill pound the amount of twothirds and matthews make they  out a bill of parcel matthews afterward become a bankrupt and the assignee  take possession of the tar as they find it remain in his warehouse this be not  within the intent of the of James ch which mean to guard against leave good in  the possession order and disposition of bankrupt but here be only a mere  temporary custody till the petitioner have a opportunity of ship it off to  Ireland the petitioner entitle to twothirds of the tar and the assignee order  to deliver the same accord the petitioner be at Liverpool the beginning of  July last and purpose to be concern together in purchase plantation tar they  find on enquiry a quantity thereof to the atkins amount of barrel lie on the  quay of Liverpool which Hugh matthews a merchant of that town have then import  for sale whereupon the petitioner and matthews come to a agreement together on  the that of July whereby matthews sell to the petitioner twothirds of barrel  of the say tar at the rate of S per barrel and the other three he agree shall  go and be consign to the petitioner for sale at his risk on his own account  and that he shall be at the charge of cartage and porterage and ship off the  say barrel of tar and that the petitioner shall sell his share of tar free  from charge of commission and it be further agree that the say tar shall be  remove from the quay and lodge in a warehouse until the petitioner shall give  order for the ship the same off as opportunity offer they have none at that  time and accord matthews cause the say tar to be put into a warehouse or  cellar of his own for the purpose of the say agreement atkins er p the  petitioner at the same time pay matthews in London bill for pound be the  amount of the value of the say twothirds of the say tar agree for matthews  also at the same time make out and deliver the petitioner a bill of parcel of  the say tar in the word and figure follow Liverpool that July messrs Richard  Flynn and Richard field buy of Hugh matthews twothirds of barrel of plantation  tar at S per barrel the whole amount pound the whole to be sell by say  gentleman for account as follow twothirds their account pound onethird Hugh  Mathewss account pound Hugh matthews to bear charge of cartage and porterage  in send off then receive bill on London amount pound when pay be in full of  their part per Hugh matthews matthews the beginning of August last become a  bankrupt and the assignee under the commission issue against he have take  possession of the say tar as they find it remain in his warehouse and be  doubtful whether they can deliver the same with safety to themselves to the  petitioner the assignee and Flyn and field have agree to be determine by Lord  chancellor on petition which come on now before his lordship for direction the  question arise on the follow clause of the of James ch for that it often fall  out that many person before they become bankrupt do convey their good to other  man upon good consideration yet still do keep the same and be repute the owner  thereof and dispose of the same as their own be it enact that if at any time  hereafter any person or person shall become bankrupt and at such time as they  shall so become bankrupt shall by the consent and permission of the true owner  and proprietary have in their possession order and disposition any good or  chattel whereof they shall be repute owner and take upon they the sale  alteration or disposition as owner the commissioner shall have power to sell  and dispose the same atkins for the benefit of the creditor which shall seek  relief by the say commission as full as any other part of the estate of the  bankrupt Mr Wildbraham for the assignee there be two sort of person affect by  this clause person who be purchaser of good though for a good consideration or  true owner of good and who yet leave they in the hand of the bankrupt dly the  creditor of bankrupt the intent of this law be to prevent person entrust  trader with the possession of good where they have not the property possession  give a species of property and a possessory property be a good property  against wrongdoers the possession always create a presumption of absolute  property it make a man the visible owner this specious ownership create a  credit and draw in innocent person to give credit upon the faith of appearance  if they be false appearance they be draw in to give credit to that which have  no reality but be mere fictitious this act of parliament intend to remedy that  inconvenience by prevent this practice and in order thereto impose a penalty  upon such practice whether it arise from design or inadvertency Lord  chancellor I think this case be not within the intent of the act of parliament  which mean to guard against leave good in the possession order and disposition  of bankrupt but here it be mere a temporary custody because the petitioner the  buyer of the tar have not a opportunity of sell it by ship it off immediate to  Ireland it can with any propriety be say the tar be in the order disposition  or power of the bankrupt and therefore not within the act of parliament upon  the foot of the agreement between the petitioner and matthews this be to be  consider as a undivided property of which they be tenant in common there must  be a possession of those good in one or other of they and the possession of  one be the possession of all and therefore the petitioner be entitle to  twothirds of the tar and the assignee must deliver up the same to the  petitioner so west v skip Ves walker v burnet Doug atkins er p