Cole v. Propst Bros.
Supreme Court of Alabama
Appeal from Fayette Circuit-Court. Tried before Hon. S. H. Sprott. W. H. Cole caused an execution in his favor against one Thad Fowler to be levied on a horse in the defendant’s possession. Propst Bros, instituted' a claim suit.
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Appeal from Fayette Circuit-Court. Tried before Hon. S. H. Sprott. W. H. Cole caused an execution in his favor against one Thad Fowler to be levied on a horse in the defendant’s possession. Propst Bros, instituted' a claim suit. On the trial the evidence for claimants tended to show that Propst Bros, sold a certain horse to defendant, Fowler, that at the time of sale it was agreed that the title of the horse .was reserved until paid for, but it was further agreed that Fowler might, trade the horse according, to his best judgment, and th.e several horses he should get in exchange were to be…
1Opinion of the CourtMcCLELLAN, J.
-If Propst Brothers sold a horse to the defendant on credit and reserved the title thereto until the purchase money whs paid, and there was a further agreement between the parties to. the effect that defendant should have the right, to exchange this horse for another, and this other for another and so on, but that title to any -horse so exchanged for. should vest in Propst Brothers until the original debt was paid to them, such title would so vest upon an exchange, and the defendant would hold the horse exchanged for ■as upon a conditional sale from Propst Brothers, and not as their bailee,…
2Cited by5 opinions
- Crandall-Pettee Co. v. Jebeles & Colias Conf. Co.Supreme Court of Alabama · 1915
- Day v. AdcockAlabama Court of Appeals · 1914
- Carter v. FischerSupreme Court of Alabama · 1899
- Taylor v. StateAlabama Court of Appeals · 1944
- Stearns v. StateAlabama Court of Appeals · 1912