Lightman v. Boyd

• Decision Date: 28 June 1902
• Citation: 32 So. 714,132 Ala. 618
• Parties: LIGHTMAN v. BOYD.
• Court: Alabama Supreme Court

32 So. 714

132 Ala. 618

LIGHTMAN v. BOYD.

Supreme Court of Alabama

June 28, 1902

Appeal from circuit court, Madison county; Osceola Kyle, Judge.

Action by P. S. Boyd against S. S. Lightman. From a judgment for plaintiff, defendant appeals. Reversed.

Cooper & Foster, for appellant.

S. S Pleasants and Douglass Taylor, for appellee.

HARALSON J.

In Leigh v. Railroad Co., 58 Ala. 165, where the general rule is stated, "that in the absence of authority, or of property, a sale or pledge of chattels confers no title, even when the person making it is in possession, and the person to whom it is made pays a valuable consideration, or advances money in good faith, and without notice of the right or title of the true owner," it is said, there are cases recognized as exceptions to this rule one of which is,--"where the owner, with the intention of sale, parts with the property, though under such circumstances of fraud as would authorize him to reclaim it from the vendee. In this class of cases it is accurately said: 'We must distinguish whether the facts show a sale to the party guilty of the fraud, or a mere delivery of the goods into his possession, induced by fraudulent devices on his part. In other words, we must ask whether the owner intended to transfer both the property in and the possession of the goods to the person guilty of the fraud, or deliver nothing more than the bare possession. In the former case there is a contract of sale, however fraudulent the device, and the property passes; but not in the latter case.' Benj. Sales (1st Am. Ed.) 319."

In Moore v. Robinson, 62 Ala. 537, it is again said "As a general rule, the title of property, like the flow of a stream, cannot rise higher than its source, and so, one not the owner, and not having authority therefor, conferred by the owner, cannot sell or make a valid pledge of property. ...