Pregnall v. Miller & Kelly

Citations

• 21 S.C. 385
• 1884 S.C. LEXIS 110

Syllabus

<p>1. Where a vendor retains possession of personal property sold to the vendee upon the consideration of a pre-existing debt, in a contest between vendee and a subsequent purchaser the character of such possession is a question of fact which should be submitted to the j ury with the burden on vendee of proving good faith, and therefore the Circuit judge erred in charging the jury that a retention of possession in such case was per se fraudulent, as a general.rule, and that the only exception was where possession, is retained under a contract of hiring.— Oases reviewed.</p> <p>2. Title to personal property changes when it is sold on a credit with possession given, or when sold for cash and left with vendor for vendee’s convenience and under his control; therefore it was error to charge that payment of purchase money and delivery of property were both necessary to a change of title.</p>