Page:Federal Reporter, 1st Series, Volume 7.djvu/555

 HART V. BASNBY & BMITH MANUF'g 00. 643 �lo require the service of personal notice upon the Central lowa Railway Company, and rescinded as to Heceiver MIorrill. MoGbaby, C. J., concurs. ���Habt, Eeceiver, v. The Babnet & Smith Manuf'g Co.* �[Circuit Court, D. Kmtuchy. May, 1881.) I. Bbcbitesbs — What Bights thet Repbesbnt — Rbs Jodicata— Whbk �ApFLICABUS — CoNMTIONAL 8A1B8 OP PERSONAL PboPEBTY — QoV- ' EKNSD BT LaW OF PLACE WHEUE PeOPBKTI SeTUATBD. �The B. & 8. Co. sold B. two raiiroad cars under an agreement that the title should not pass until the balance of the purchase price Tras paid, and that in the event of a failure to pay the same, or of a seizure of such property by legal process or otherwlse, the vendor should have the right to take possession and sell the cars, etc. The contract was niade, the cars were delivered, and the purchase money Mras payable in Ohio : but the cars were used on a raiiroad in Ken- tucky, and the redelivery or reclaination was to take place there, as provided by the contract. The court found as a matter of f act that B. subsequently sold said cars, either to the C, P. & P. G. R. Co., or to Q. Creditors of Q. attached certain property, (including said two cars,) then on said raiiroad, making the raiiroad company a party. Hart (plaintifE herein) was appointed receiver to take charge of the property. The B. & 8. Co. hrought suit against B. alone, upon its contract of conditional s^Ie, obtained judgment, and seized said two cars. In an action of ret)levin by Hart, receiver, to recover the same, Md : ' �(a) That the receiver has all the rights, in this contest, to the prop^ erty in controversy, which any or all the parties to the suit in which he was appointed have. �(&) That the rights of the B. & 8. Co. as against the receiver have not been changed by its suit and judgment against B. �(e) That the rights of the parties to this suit are govemed by the laws of Kentucky, and not those of Ohio. �l. Conditional Sales op Personal Pbopbett— Secret Liens — Ken- tucky Registbation Act. �A conditional sale of Personal property, or other agreement by which the vendor retains the title or a lien until the purchase price is paid, the vendee becoming unconditionally bound for such pur- chase price, is within the Kentucky registration act, and is not valid as against purchasers for valuable consideration without notice, or creditors, unless recorded in accordance with its provisions. �•Reportes by 1. C. Harper, Esq., of the Cincinnati bar. ��� �