119 Ala. 99 | Ala. | 1898
-If Propst Brothers sold a horse to the defendant on credit and reserved the title thereto until the purchase money whs paid, and there was a further agreement between the parties to. the effect that defendant should have the right, to exchange this horse for another, and this other for another and so on, but that title to any -horse so exchanged for. should vest in Propst Brothers until the original debt was paid to them, such title would so vest upon an exchange, and the defendant would hold the horse exchanged for ■as upon a conditional sale from Propst Brothers, and not as their bailee, whether, he exchanged the original or any other animal as. the property, of .hims.elf or of .Propst Brothers. The question .propounded by plaintiff’s attorney.to the defendant as a witness, and which the court declined to have answered, called, therefore, for irrelevant and immaterial testimony; and the court’s ruling thereon was free from error.
Reversed and remanded.