A. and B. entered into the following agreement in writing: "Sold to B. one gray filly for 115 bushels of corn, which the said filly stands good to the said (A.) as his own right and property until she is paid for." Signed and sealed by A. Held, that the legal title to the mare still remained in A., and that the sale was only conditional.
NASH, J.
In the charge of his Honor there is no error. By the contract between the plaintiff and Jones, the legal title to the horse sold is expressly reserved. The title did not pass to Jones — the sale was but conditional. Ellison v. Jones, 26 N.C. 48; Gaither v. Teague, id., 65. Here the plaintiff expressly reserves the title to the horse sold until the price is paid, and Jones, the purchaser, gave his note for the (270) price, which was not due when the constable sold. We are at a loss to perceive upon what principle the case was brought here.
PER CURIAM. No error.
Cited: Clayton v. Hester, 80 N.C. 277; Frick v. Hilliard, 95 N.C. 119; Butts v. Screws, id., 217; Whitlock v. Lumber Co., 145 N.C. 124.