Lincoln v. Quynn

Bryan, J., delivered the opinion of the Court. The question in this case involves the validity of a title to goods and chattels derived from the vendee in a con ³⁰⁴ ditional sale. In Hall vs. Hinks, 21 Md., 406, it was decided that “a bona fide purchaser, without notice of the condition upon which his vendor has acquired the possession, will be protected against the claim of the original vendor, in the same manner where the sale and delivery are conditional, as where .the possession has been obtained by fraud.” Twenty-three years have passed since this decision was made, and in the course of that time it has been repeatedly approved by this Court. It is of great importance that the administration of justice should be conducted according to fixed and certain rules.

Vacillation and uncertainty in the judgments of the Courts produce a feeling of insecurity as to rights and property, and surely tend to encourage disorder, discord and confusion in social and domestic life. The law on this subject has been otherwise settled in many of the States of the Union. In Harkness vs. Russell, 118 U. S., 663 , a very learned and elaborate examination of the question was made by the Supreme Court of the United States, and the positions taken in the opinion were maintained with great force and clearness. The laws of the several States have probably had their origin in the necessities and interests of the people concerned, and doubtless have been adapted to their condition and circumstances under the guidance of a wise public policy.

We read with pleasure and profit the able disquisitions delivered by other Courts, but we are not unmindful that it is our duty to declare our own law as it belongs to our own people. Having found this question settled by all the authority which can be bestowed by repeated decision and long acquiescence, we are unwilling to disturb it. The contract of sale in this case contained an express stipulation that the title to the goods should not vest in the vendee until the price should be paid in full; and instalments were to be paid monthly. They were sold in the City of Baltimore by Lincoln, the appellant, to Hoover, and were carried by him to Frederick, and used in a hotel ³⁰⁵ which he was keeping in that place.

More than a year afterwards the purchaser mortgaged these goods to Quynn, Addison and Winebrenner to secure the payment of two notes of even date with the mortgage, payable by the purchaser to a bank. On oue of these notes all of these mortgagees were securities, and on the other Winebrenner alone was security. A few days after this mortgage, a second one was made by the purchaser to Ritter and other persons to secure a promissory note of same date, payable by him to them. All the above mortgagees are appellees in this case.

A short time after the date of these mortgages all of the property of Hoover was placed in the hands of receivers by an order of the Circuit Court for Frederick County sitting in equity. A large portion of the purchase money remaining unpaid, Lincoln