Journey v. Priestly

Citations

• 70 Miss. 584

Syllabus

<p>1. Conditional Sale. Undivided interest. Reservation of title. Notice..</p> <p>Where one, having as partner an undivided interest in personal property, sells the same, reserving title to secure payment of the price, the transaction is legitimate, and no record of it is necessary in order to affect with notice purchasers from the vendee. They must beware. Duke v. Shackleford, 56 Miss., 552.</p> <p>2. Chancery Jurisdiction. Partnership interest. Enforcing demand.</p> <p>In such case, the subject of the sale, being an undivided interest in a-partnership, the seller, in order to enforce payment of his demand, cannot seize the goods by action at law, and may resort to equity.</p>