Perish

See Res, Perit, etc.

Perishable.

Subject to speedy and natural decay. But where, as in the case of a levy upon personalty, the time before a sale can be made is necessarily long, may embrace property liable to material depreciation in value from other causes than decay. = In the commercial sense, designates such property as from its nature decays in a short titae, without reference to the care it receives. Of that character are many varieties of fruits, flowers, some kinds of liquors, and numerous vegetable productions. But merchantable corn is not " perishable.'" Fattened cattle are perishable property;^ so are potatoes; ^ ajid so are skins and furs.*^ Inherently liable to deterioration and decay. " In this case, the goods can be preserved as they are, by reasonable care, and that the sheriff is bound to bestow upon them, until the right to make a sale shall be secured by a judgment against the debtor, and an execution be issued for that purpose. The order should be modified so as to allow sale of the kid gloves, as they are shown to be inherently liable to decay and deterioration, but not so as to the underwear, neckties, ishirts, jewelry, umbrellas, etc., although as to some of these the fashion may change." ^ Where property, attached as belonging to a defendant, is sold under an order of court before judgment, the purchaser takes a title good as against all the world. Such sales, which are very ancient in their Vjrigin, proceed upon the principle of necessity. To permit the property to become worthless by natural decay would be to defeat the object of the attachment or levy."

See Eeplevin, 1; Sound, 3 (.1).

A court will order the sale of realty belonging to an... ■ — ^. ■ [Sampson v. Peaslee, 20 How. 579 (1857), Wayne, J. 2 Eepple V. Leask. 67 N. Y. 528 (1876), Folger, J. s [VS'ebster v. Peck, 31 Conn. 495 (1863), Butler, J. 1 Illinois Cent. E. Co. u. Mc Clellan, 64 111. 67 (1870), Walker, J. 6 M'Call V. Peachy, 3 Munf. 288-(1811). - 8 Williams v. Cole, 16 Me. 208 (1833). ' Astor V. Union Ins. Co., 7 Cow. S02 (1827). 9 risk V. Spring, 25 Hun, 367 (1881). See Schoul. Bailm. 397. •Toung V. Keller, Sup. Ct. Mo. (1888), cases; Mo. E. S. insolvent corporation, when there is no income with which to keep it in repair, and it is of such a character as to materially deteriorate in value pending protracted litigation.?