Gay v. Hardeman

Citations

• 31 Tex. 245

Syllabus

<p>Neither at common law nor by any statute of this state is a parol reservation in the sale of a personal chattel a lien upon the thing sold.</p> <p>A lien is an agreement between the seller and buyer, upon a consideration or price, either in cash or upon a stipulated credit and a delivery of the property. When so delivered, the sale is consummated and the right of property becomes absolute in the buyer, and the seller has no longer any more control over it than the rest of mankind.</p> <p>In all such cases, to establish the lien, a party must have actual or constructive possession of the property; but as soon as he surrenders that possession the lien is gone forever.</p> <p>The last clause of the statute of frauds, as to the possession of chattels carrying the title, (Paschal’s Dig., Art. 3876, Note 909,) is universal in its application to personal property.</p>