Commercial National Bank v. Gillette

— The Elkhart Car Company, by a written contract, sold to the appellant 510 car wheels, constituting á part of 1,100 wheels; at the time of the sale the wheels were in one common mass, and there was no separation nor any designation of the wheels sold to the appellant; after the execution of the contract the entire lot of wheels was seized upon executions issued at the' suit of appellee, and this action was; brought for the possession of those sold.

The contention of appellee is that appellant acquired no-title, because the articles sold were not designated or separated from the common lot of…