Legal Opinion

Sutherland v. Brace

Court of Appeals for the Seventh Circuit

Decided April 6, 1896No. 256PublishedCited by 1 opinion

On Petition for Rehearing. This was an action of replevin brought by H. Brace, S. H. Davis, and others against W. R. Sutherland, to recover possession of certain lumber. There was a verdict and judgment for plaintiffs, and defendant brought error. The judgment was affirmed by this court on January 6, 1896. 71 Fed. 469. Plaintiff in error has now filed a petition for a rehearing.

1Opinion of the Court

SHOWALTER, Circuit Judge.

Plaintiff in error has moved for a rehearing in this cause, and, on that motion, elaborate printed arguments have been filed and considered. The strong insistence is that the two concluding paragraphs of the contract, as quoted in the opinion of this court, create an equitable charge, in distinction from a lien at law, wherefore the action of replevin, which depends on the legal right to possession, cannot be maintained. As between the parties, a delivery is not essential to the transfer of title to a chattel, unless made so by the terms of the contract. The title…

2Cases cited2 opinions

  1. Wade v. MoffettIllinois Supreme Court · 1859
  2. National Bank of Deposit v. RogersAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by1 opinion

  1. Harris v. EggerCourt of Appeals for the Sixth Circuit · 1915

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