Watts v. Ainsworth

Citations

• 89 Miss. 40
• 42 So. 672

Syllabus

<p>1. Sales. Reservation of title. Bona fide purchaser.</p> <p>The seller of a mule can, on default in payment of the price evidenced by his vendee’s note, maintain replevin for the animal against a bona fide purchaser from the vendee, where'title was reserved by the terms of the note, and the vendee was not engaged in the business of selling mules, and the seller did not sell to him for resale, nor authorize him to resell, the note, on the contrary, stipulating that in the event of a resale the same should instantly become due. Columbus Buggy Co. v. Turley, YS Miss., 529 (19 South. Rep., 282), aud Parry Mfg. Oo. v. Lowenburg, 88 Miss., 532 (41 South. Rep., 65), distinguished.</p> <p>2. Same. Evidence. 'Deelm'atiom of seller. Admissibility.</p> <p>Where the seller of a mule may assert the title reserved in himself'’ until payment of the price against his vendee and all purchasers claiming under him, conversations between the seller and a third person who had previously bought from the'vendee and sold to defendant as to the balance due on the price are inadmissible in the seller’s action of replevin for the animal.</p>