Perry v. . Young
Supreme Court of North Carolina
Civil action, tried at Pall Term, 1889, of Nash Superior Court, before MacRae, J. Plaintiff appealed. The case was heard upon exceptions to referee’s report. In the complaint it is averred that plaintiff sold a mule to one Bullock, taking his note for the same, and reserving title until paid for; and, by consent of plaintiff, the mule was afterwards traded for a horse, upon the agreement that the title to same should be retained in like manner.
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Civil action, tried at Pall Term, 1889, of Nash Superior Court, before MacRae, J. Plaintiff appealed. The case was heard upon exceptions to referee’s report. In the complaint it is averred that plaintiff sold a mule to one Bullock, taking his note for the same, and reserving title until paid for; and, by consent of plaintiff, the mule was afterwards traded for a horse, upon the agreement that the title to same should be retained in like manner. No part of the note has been paid, and the defendant has seized the horse and converted him to his own use, and refused to pay the plaintiff. The…
1Opinion of the Court
Shepherd, J.:
It was expressly agreed between the plaintiff and Bullock that the title to the mule should remain in the plaintiff until the payment of the purchase-money. Beyond all question, this constituted a conditional sale. Frick v. Hilliard, 95 N. C., 117, and the cases cited. Such a transaction stands upon.the same basis as a bailment, and, apart from the Act of 1883 (The Code, §1275), is valid, not only between the parties, but as against all the wmrld, without registration. Possession is only presumptive evidence of ownership, and the principle caveat emptor applies to all who may…
2Cases cited4 opinions
- Butts v. . ScrewsSupreme Court of North Carolina · 1886
- Clayton v. . HesterSupreme Court of North Carolina · 1879
- Frick Co. v. . HilliardSupreme Court of North Carolina · 1886
- Harrell v. . GodwinSupreme Court of North Carolina · 1889
3Cited by2 opinions
- Tufts v. . GriffinSupreme Court of North Carolina · 1890
- Redewill v. GillenNew Mexico Supreme Court · 1887