Wyatt v. Duncan

The opinion of the court was delivered by

Wedell, J.:

This was an action by a trustee in bankruptcy to recover damages from a surety on a replevin bond. The principal, Joseph Duncan, in the replevin action had sold a stock of furniture and fixtures to L. E. Smith and W. H. Hollis, Jr., partners, under an unrecorded conditional sales contract. Prior to the filing of the petition in bankruptcy of the vendees, the vendor obtained possession of the stock and fixtures in a replevin suit, sold the property under the terms of the contract, and dismissed the replevin suit. In the instant case the…