Wesley v. Battle Bros.

1. Where personal property is delivered to a vendee under a contract of conditional sale, the vendor retaining title thereto, it may be seized under an attachment for the purchase-price thereof, without first executing to the buyer a bill of sale to the property. The fact that the vendor, before he has obtained final judgment.in his attachment suit, has the property illegally sold by a levying officer, and bids it in himself, does not amount to an election on his part to rescind the contract between himself and his vendee, and does not estop him from prosecuting his suit. Such a sale is void,…