E. L. Jones & Co. v. Unruh

Rodney, J.,

delivering the opinion of the Court:

The petitions present several interesting questions. First, has a conditional vendee such an interest in the chattel covered by the conditional sale contract as to subject it to an attachment or levy at the instance of his creditor? It may be conceded that the great weight of authority is to the effect that, at common law, the vendee had no such interest, though the reasons for these decisions are far from satisfactory. It has been determined in a number of cases that, at common law, until the vendee had complied with the condition of payment of…