Johnson v. Hunt

Decided October 26, 1885

Mississippi Supreme Court · decided 1885-10-26

Replevin by B. J. Johnson against F. W. Hunt to recover possession of a portable steam engine, boiler, and other appurtenances, of the value of $410. From verdict and judgment for-defendant plaintiff appeals. On the trial plaintiff testified that the property belonged to him,, and it was admitted that the property was in the possession of defendant when levied upon.

Affirmed, · Decided 1885-10-26

¶1Opinion.

Campbell, J.:

¶2While we would like to have a fuller development of the facts of' this case than the record presents, we do not feel authorized to reverse the case.

¶3It was testified that the plaintiff had sold the property sued for to E. Johnson, in whose possession it was shown to have been before the institution of this action, and the testimony was unexplained and unqualified. A sale imparts a transmutation of title- and possession.

¶4If the plaintiff had parted with the title, he had no right to-recover.

¶5All questions as to the validity of the alleged sale with reference-to the Statute of Erauds is disposed of by the fact that the alleged, purchaser had possession of the goods.

¶6Affirmed.