9 Neb. 441 | Neb. | 1880
This is an action of replevin, commenced before a justice of the peace. On appeal to the district court the case was tried upon the following stipulation:
“The case shall be submitted to the court on one question, viz.: whether plaintiffs, who had sold the property in controversy, taking therefor a note from the purchaser, providing that the title and ownership of the property should remain in Blunk Brothers until the note was fully paid, can take and hold the prop
The court rendered judgment in favor of the defendant. The plaintiffs bring the cause into this court by petition in error.
It appears from the bill of exceptions that the property in dispute consisted of a sixteen-inch riding sulky plow and a cultivator; and the defendant, as a judgment creditor, purchased the property at a sale under an execution against one Williamson.
The act “to prevent the fraudulent transfer of per-' sonal property,” approved February 19, 1877 [Laws 1877, p. 170], provides: “That no sale, contract, or lease, wherein the transfer of title or ownership of personal property is made to depend upon any condition, shall be .valid against any purchaser or judgment creditor of the vendee or lessee, in actual possession, obtained in pursuance of such sale, contract, or lease, without notice, unless the same be in writing, signed by the vendee or lessee, and a copy thereof filed in the office of the clerk of the county within which said vendee or lessee resides,” etc.
Judgment accordingly.