Johnson, Sheriff v. Sauerman Brothers, Inc.

Opinion op the Court by

Stanley, Commissioner—

Reversing.

The appeal presents an issue of the superiority of the rights of án attaching creditor or a conditional vendor.

In August, 1929, the appellee, Sauerman Bros., Inc., sold the Sweet Price Dredging Corporation a lot of levee building machinery for $37,850, a part of the purchase price being represented by promissory notes. The contract of sale contained express provisions that the title and right of possession of the property should remain in the seller until full payment had been made.

The appellant Paige Engineering Company, in May, 1930,…