Key v. Brown

Citations

• 67 Tex. 300
• 3 S.W. 443
• 1887 Tex. LEXIS 870

Syllabus

<p>Sale oe Chattels—Contract.—An instrument was executed by the owner of goods which on its face purported to “bargain, sell and confirm” the property to another, who paid therefor eight hundred dollars cash, executed a note for deferred payment and went into possession. It recited that the instrument should remain in full force and effect if the balance of the purchase money was paid; if not paid, then the maker of the instrument reserved the right to repossess himself of the goods and dispose of the same, and “then the above conveyance shall be henceforth null and void.” Held:</p> <p>(1) The title passed, to be divested by the seller by sale in the event of non-payment of the note.</p> <p>(2) If such an instrument is not recorded, the seller can assert no right to the goods, as against a creditor of the vendee who has seized the same under legal process.</p>