Morris v. Sellers

Citations

• 46 Tex. 391

Syllabus

<p>Factor—Purchaser.—Ordinarily, the possession of cotton by a cotton factor, who is a factor only, not engaged in buying and selling on his own account, raises a presumption that the cotton does not belong to him, but is held on commission for another; but this presumption may be rebutted by the real-owner permitting his ownership to be concealed, and the property to be so acquired, managed, and possessed, by the factor, as to indicate to third persons that the factor is the real owner. Under such circumstances, the factor, so held out as the real owner, may sell the property, in discharge of his previous debt, to one who had no notice, actual or constructive, of the defects in his title, and the sale will be valid.</p>