Poor v. American Locomotive Co.

(after stating the facts as above).

One of the sharply controverted and determinative issues on this appeal is that of possession.

In the instant ease it is clear that title to the goods upon which appellee claims a lien had passed to the Bradford Corporation. It is equally clear that the passing of title from vendor does not preclude the existence of a vendor’s lien. In fact there is no need for a lien, and none exists, save when title has passed. See sections 53-56, of the Uniform Sales Act (Smith-Hurd Rev. St. Ill. 1933, e. 121%, §§ 53-56).

But in order to successfully assert a lien, there…