Armstrong v. Reynolds

Opinion by

Judge Cofer:

A valid absolute sale of the tobacco in contest in this case, might have been made without a delivery of the actual possession to the vendee, because the tobacco was growing in the field at the time the contract was made, and was, therefore, not susceptible of actual delivery. Robbins v. Oldham, 1 Duvall 28; Cummings v. Griggs & Hays, 2 Duvall 87; Morton v. Ragan & Dickey, 5 Bush 334.

If the transaction was not a sale, but simply a mortgage or pledge to secure a debt due to the appellee, and to indemnify him as surety for Tapp, and was made in good faith, and not with a…