Seemuller v. Fuchs

Alvey, C. J.,

delivered the following dissenting opinion, in which Judge Bryan concurred:

The theory upon which this case was tried in the Court below must have been, that there was an implied warranty of title by the auctioneers who sold the piano to the plaintiff at public auction. Hence the Court was asked to affirm, and did affirm, at the instance of the plaintiff, that if it should be found upon the evidence that the defendants had no title to the piano, and no lawful or rightful authority to sell the same, and that the true owner of the piano, subsequent to the sale, replevied the same…