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North Carolina Reports Volume 80; Cases Argued and Determined in the Supreme Court of North Carolina

North Carolina Reports Volume 80; Cases Argued and Determined in the Supreme Court of North Carolina


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 Excerpt: ... Hester. delivered to Riggs, containing this or similar language: "I have sold to B. V. Riggs a bay horse for one hundred and fifty dollars, and the horse is to stand as my security for the debt." Would not the intent be clear, and the legal operation of the instrument be to leave (he property in tfie plaintiff, notwithstanding a change of possession, until payment was made and then transfer it to Riggs? Can any good reason be assigned why the writing given by Riggs should not bear the same construction and be allowed the same effect? The difference between them is only this: In the one case the writing itself constitutes tiie contract of sale and puts the restriction on the transfer, so that only a qualified property passes. In the other, it is the evidence and recognition of the transaction and of the terms on which the horse is held. The legal consequences should be the same whether the writing be given by the one or the other, as the contract is the same. But it is suggested that such instruments contravene the spirit and policy of the registry laws, and as tending to encourage fraud and unfair dealings ought not to be encouraged. We do not feel the force of the objection. There is no law requiring transfers of personal property except deeds in trust and mortgages to be registered, and the principle caveat emptor applies to all who may deal with those in possession. The purchaser must look to his vendor's title, since while possession is evidence of ownership it is presumptive only, and the fact may be otherwise. The possession may be a bailment or permission by the owner, or under a contract of conditional sale. The vendee must enquire and satisfy himself or take adequate indemnity against loss. The owner's right to make a contingent or condi...


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Product Details
  • ISBN-13: 9781154241921
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 176
  • Spine Width: 10 mm
  • Width: 189 mm
  • ISBN-10: 1154241920
  • Publisher Date: 13 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 327 gr


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North Carolina Reports Volume 80; Cases Argued and Determined in the Supreme Court of North Carolina
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