Hopper v. Callahan

Bryan, J., delivered the opinion of the Court. Callahan brought an action of replevin against Hopper for the recovery of certain goods and chattels. ⁵³² There was a count in the detinuit and one in the detinet. The case was tried on issues under the first named count. The articles about which there was a contest were such as are necessary or useful for the successful management of a farm.

There had been a distraint for rent; the plaintiff replevied; and there was an avowry by defendant which was afterwards withdrawn. The pleas were non cepit, and property in the defendant; there was another plea which seems to have been withdrawn. The verdict and judgment being for the plaintiff, the defendant appealed. There was no controversy about the title of the plaintiff to a number of sheep and lambs which were included in the property replevied.

The evidence in his behalf tended to prove that the other goods and chattels replevied were on a farm in Harford County; that they belonged to his mother, and were sold by her to him, and that the possession was delivered to him by her and her husband. The evidence for the defendant tended to prove that in the year eighteen hundred and eighty-four, several years before the alleged sale to the plaintiff, he bought the farm, and the personal property on it (being the goods and chattels now in controversy) from Timothy Callahan and Margaret his wife, (the father and mother of plaintiff,) and that they delivered to him the possession of the real and personal property; and that after this purchase, Timothy Callahan attended to the business of the farm for him; and that in the year eighteen hundred and eighty-nine, the defendant rented the farm and everything on it to the plaintiff. The defendant admitted that the deed for the farm was intended, to a great extent, as a security for money due him by Timothy Callahan. There was also evidence on behalf of the plaintiff tending to prove that from eighteen hundred and eighty-four to eighteen hundred and eighty-nine, the defendant never exercised any control over the ⁵³³ personal property on the farm; and that it was during that time in the possession and under the control of Timothy and Margaret Callahan.

The plaintiff' testified that the property, both real and personal, was held by his father and mother until eighteen hundred and eighty-nine, and was managed by his father. The defendant took three bills of exception to the rejection of testimony, and one to the ruling of the Court on prayers for the instruction of the jury. The Court granted three prayers in behalf of the plaintiff, and refused one asked in behalf of defendant. We will consider the prayers before stating the exceptions to evidence.

The plaintiff’s first prayer asked a verdict for the sheep and lambs before mentioned, and was not objected to. The second prayer (marked four) maintained that if Margaret Callahan from eighteen hundred and eighty four to eighteen hundred and eighty-nine, was in possession and control of the personal property above mentioned by and through the concurrence of the defendant, and that the plaintiff in the year eighteen hundred and eightv-nine, for valuable consideration and without notice of any claim by defendant acquired possession of it, and held possession and control of it until the distraint -was laid, then the jury might find a verdict for the plaintiff for said goods. This prayer was granted, and the defendant excepted. It will be observed that this prayer does not require the jury to negative the defendant’s title, although evidence had been given in support of it.

On the contrary, it proceeds on the theory that even if he had a good title to the personal property, the plaintiff could acquire a good possessory title by purchase for a valuable consideration from Margaret Callahan, if she was in possession and control of it by defendant’s concurrence. According to the general rule of law in regard to sales of chattels “no one can transfer to another a better title than he ⁵³⁴ has himself,” and a bona fide purchaser succeeds only to the rights of his vendor. There are some exceptions to this rule, which are as well recognized and established as the rule itself. When the owner of goods has put in possession of another person such evidence of the righ4 of selling them as would, according to the ordinary and common course of business, establish a right of disposal, a sale to a bona fide purchaser without notice will divest his title.

He is surely bound by his own act, when he holds out to the public a third person as one having competent authority to make sales. But it is not held that mere possession of goods will justify the inference that the possessor has the right to sell them. The inference must be a natural and obvious deduction from the circumstances of the case according to the usages of business. Where goods were delivered to a person whose common business was to sell, it was held that an authority to sell might be implied.

But it is also held that no such authority would be conferred by entrusting them to a person whose business was of a different nature; for instance, where a watch is given to a watchmaker to be repaired, an authority to sell cannot justly be supposed. In Hoare vs. Parker, 2 Term Reports, 376, a widow had pawned plate, in which she only had a life interest under her husband’s will, but