Ketchum v. Brennan
Mississippi Supreme Court
Error to the Circuit Court of Alcorn County. Pión. B. B. Boone, Judge. On 29th November, 1875, J. P. Brennan sued out a writ of replevin, commanding the sheriff to seize the following lot of machinery, to wit: Two engines, lathes, and counter-shafting, one iron planer and counter-shafting, one wood-lathe and counter-shafting, one line of shafting with pullej's and coupling, four lengths of shafting, one pair of boiler-shears, one boilerplate punch, one foundry-crane, two…
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Error to the Circuit Court of Alcorn County. Pión. B. B. Boone, Judge. On 29th November, 1875, J. P. Brennan sued out a writ of replevin, commanding the sheriff to seize the following lot of machinery, to wit: Two engines, lathes, and counter-shafting, one iron planer and counter-shafting, one wood-lathe and counter-shafting, one line of shafting with pullej's and coupling, four lengths of shafting, one pair of boiler-shears, one boilerplate punch, one foundry-crane, two ladles, and all the other machinery contained in the foundry of Ketchum & Cummings, in Corinth, Miss., the said Brennan…
1Opinion of the CourtCampbell, J.
The chief question in this case is this : A. delivers personal property to B. under a contract, not recorded, that B. shall pay the price by instalments, and that until such payment in'full the title shall not vest in B. but shall remain in A. Before full payment by B., he sells and delivers the property to C., who has no notice of the terms of the contract between A. and B., but buys the property on the faith of B.’s possession. Does C. acquire title, as against A., or can A. recover *607the property from C., after breach of the condition on which title was to vest in B. ?
Reason and the…
2Cited by16 opinions
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