Legal Opinion

Montgomery Iron Works v. Smith

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 14 opinions

Appeal from Coffee Circuit Court. Tried before the Hon. J. M. CaRmiohael. This action was brought by the appellant, the Montgomery Iron Works, against W. H. Smith, the appellee, to recover possession of certain mill machinery that had been sold by appellant, to said Smith, on time payments. To secure the deferred payments, the sale was conditional, the title to said machinery being retained by the vendor until all the purchase money was paid.

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Appeal from Coffee Circuit Court. Tried before the Hon. J. M. CaRmiohael. This action was brought by the appellant, the Montgomery Iron Works, against W. H. Smith, the appellee, to recover possession of certain mill machinery that had been sold by appellant, to said Smith, on time payments. To secure the deferred payments, the sale was conditional, the title to said machinery being retained by the vendor until all the purchase money was paid. To further secure the purchase money, the purchaser delivered to the Montgomery Iron Works a mortgage on a tract of land. Upon default made in the…

1Opinion of the CourtHaralson, J.

We bave frequently held, tbat when tbe vendor of personal property retains tbe title in bimself, until tbe purchase money is paid, no title passes to tbe purchaser by tbe delivery of the property to him.—Weinstein v. Freyer, 93 Ala. 257; Tanner & Delaney Engine Co. v. Hall, 89 Ala. 628; Sumner v. Woods, 67 Ala. 139 Fairbanks v. Eureka Co., Ib. 109; Heinbockle v. Zugbaum, 51 Am. Rep. 59.

The transaction between tbe plaintiff and the defendant in this case, was a conditional sale, — a fact which is not controverted.

Tbe whole purchase price for tbe machinery sold by plaintiff to defendant, was…

2Cases cited3 opinions

  1. Weinstein v. FreyerSupreme Court of Alabama · 1890
  2. Sumner v. WoodsSupreme Court of Alabama · 1880
  3. Tanner & Delaney Engine Co. v. HallSupreme Court of Alabama · 1889

3Cited by14 opinions

  1. Alexander v. Mobile Auto Co.Supreme Court of Alabama · 1917
  2. Warren v. LiddellSupreme Court of Alabama · 1895
  3. Mobile Towing & Wrecking Co. v. HartwellSupreme Court of Alabama · 1922
  4. Hickman v. RichburgSupreme Court of Alabama · 1898
  5. Thomason v. LewisSupreme Court of Alabama · 1893

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