In re Baker

Harrington, J.,

delivering the opinion of the Court:

At common law a conditional sale contract, though not recorded, could reserve title in the vendor until the terms of such contract were complied with, and such a contract did not merely create a prior lien on the property sold either as against the vendee, his creditors, or pur*201chasers from him. See cases collected in Starr v. Govatos, et al., 3 W. W. Harr. (33 Del.) 66, 130 A. 392.

Because of the lack of notice bargains of this character were, however, in most cases subject to the qualification that where the rights of third persons were…