Baldwin & Co. v. Crow
Court of Appeals of Kentucky
Case 90 — PETITION EQUITY APPEAL FROM JESSAMINE CIRCUIT COURT. 1. In the absence of fraud on third persons; the title on a sale of personal property remains where the parties by their contract have placed it.
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Case 90 — PETITION EQUITY APPEAL FROM JESSAMINE CIRCUIT COURT. 1. In the absence of fraud on third persons; the title on a sale of personal property remains where the parties by their contract have placed it. (Chitty on Contracts, 405-407, and notes; Smith on Personal Property, 40 and notes; 2 Kent’s Com., 497 and notes; Patton v. McCane, 15 B. M., 555; Benjamin on Sales, sec. 320; 2 Kent, 497; Vaughn v. Hopson, 10 Bush, 341; Greer v. Church & Co., 13 Bush, 430.) 2. Notice affects creditors just as much as it does purchasers, and no purchaser, whether at private or execution sale, who parts…
1Opinion of the Court
JUDGE LEWIS
delivered the opinion of the court.
Baldwin & Co. instituted this action to recover of the sheriff a inano levied on as the property of one Dennis, under an execution against him in favor of Crow. And the law and facts having been submitted to the court, it was adjudged the property was subject to the execution, and that the action be dismissed. It *681appears that several years subsequent to the date of the judgment in favor of Crow, the piano was delivered to^Dennis, who executed therefor to Baldwin & Co. three notes for one hundred and fifty dollars each, payable in six,- twelve and…
2Cases cited5 opinions
- Righter v. ForresterCourt of Appeals of Kentucky · 1866
- Greer v. Church & Co.Court of Appeals of Kentucky · 1877
- Helm v. Logan's heirsCourt of Appeals of Kentucky · 1815
- Low v. BlincoCourt of Appeals of Kentucky · 1874
- Graham v. SamuelCourt of Appeals of Kentucky · 1833
3Cited by31 opinions
- Wender Blue Gem Coal Co. v. Louisville Property Co.Court of Appeals of Kentucky · 1910
- In re DuckerCourt of Appeals for the Sixth Circuit · 1905
- Moorman v. BeardCourt of Appeals for the Sixth Circuit · 1907
- United States Cast Iron Pipe & Foundry Co. v. Henry Vogt Machine Co.Court of Appeals of Kentucky · 1918
- Munz v. National Bond Investment CompanyCourt of Appeals of Kentucky (pre-1976) · 1932
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