Payne v. Farr

Court of Appeals of Kentucky

Payne v. Farr

8 Ky. Op. 179, 1874 Ky. LEXIS 419

DecidedOctober 24, 1874

StatusPublished

This text of 8 Ky. Op. 179 (Payne v. Farr) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Payne v. Farr, 8 Ky. Op. 179, 1874 Ky. LEXIS 419 (Ky. Ct. App. 1874).

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Opinion

Opinion by

Judge Cofer:

.Without deciding whether there is such a bill of exceptions as would warrant us in reversing the judgment, if it appeared to be erroneous, we feel bound to affirm it. If every fact the evidence even tends to prove be treated as established, still the verdict and judgment are right, for there is no evidence whatever upon which an instruction authorizing the jury to find for the appellant could have been predicated.

The evidence does not even tend fe> prove that the appellant was, by the terms of the contract of sale, to retain the title until the check was paid, and if it did, we have decided at this term in Vaughn v. Hopson, overruling Patton v. McCane, 15 B. Mon. 555, that a stipulation in the contract of sale of personal property, that the title is to remain in the vendor until the property is paid for, will not enable the seller to recover the property from an innocent purchaser from his vendee. Wherefore the judgment is affirmed.

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Opinion by

Judge Cofer:

.Without deciding whether there is such a bill of exceptions as would warrant us in reversing the judgment, if it appeared to be erroneous, we feel bound to affirm it. If every fact the evidence even tends to prove be treated as established, still the verdict and judgment are right, for there is no evidence whatever upon which an instruction authorizing the jury to find for the appellant could have been predicated.

The evidence does not even tend fe> prove that the appellant was, by the terms of the contract of sale, to retain the title until the check was paid, and if it did, we have decided at this term in Vaughn v. Hopson, overruling Patton v. McCane, 15 B. Mon. 555, that a stipulation in the contract of sale of personal property, that the title is to remain in the vendor until the property is paid for, will not enable the seller to recover the property from an innocent purchaser from his vendee. Wherefore the judgment is affirmed.

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Bluebook (online)

8 Ky. Op. 179, 1874 Ky. LEXIS 419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/payne-v-farr-kyctapp-1874.