The American Decisions

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: entered for the plaintiff for the sum of sixty dollars damages and interest on the same from the date of the writ, with costs. Sale Without Delivery la Valid Against Vendor: Cottar v. Davits, 46 Am. Deo. 311; Hooban v. BidioeU, 47 Id. 386, and cases cited in note; Danley v. Rector, 50 Id. 248; Griffin v....
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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: entered for the plaintiff for the sum of sixty dollars damages and interest on the same from the date of the writ, with costs. Sale Without Delivery la Valid Against Vendor: Cottar v. Davits, 46 Am. Deo. 311; Hooban v. BidioeU, 47 Id. 386, and cases cited in note; Danley v. Rector, 50 Id. 248; Griffin v. Chubb, 58 Id. 85, and note 93; Winslpio v. Leonard, 62 Id. 354, and note 359. But the goods sold must be specifically identified by the parties to the sale: Gotder v. Ogden, 53 Id. 618: Winslow v. Leonard, 62 Id. 354, and cases cited in note thereto 359. And a change of possession of personal property upon a sale thereof is necessary in order to protect the rights of the vendee: Wilton v. Hooper, 36 Id. 366; and delivery is necessary to complete a sale so far as the rights of a second purchaser or judgment creditor without notice are concerned: Ludvng v. Fuller, 35 Id. 246, and note 247. Where the property is on land or in buildings in the exclusive possession and control of the vendee from the date of sale, no formal delivery is necessary: Nichols v. Patten, 36 Id. 713. As to delivery in sales within the statute of frauds, see extensive note to Shincller v. Houston, 49 Id. 325-340. Constructive Possession Op Goods By One Having General Property In Them, and a right to reduce them to possession at pleasure, is sufficient to maintain either trespass or replevin: Haythornv. Rushferth, 38 Am. Dec. 540, and notes thereto 546; Edwards v. Edwards, 34 Id. 711; but a wrongful conversion of property gives title thereto against all persons except the true owner: Wincher v. Shrewsbury, 35 Id. 108. There is Toktioos Taking whenever there is an unlawful meddling with the property, or an exercise or claim of dominion over it, without any pretense of authority orright This, without a ma...