Page:Federal Reporter, 1st Series, Volume 7.djvu/556

 5M FEDBBAL BBFOBTEB. �3, Bamb. �The contract of conditional sale not having been recorded in Ken- tucky, Tidd, further, that the right of the attaching creditors of Q., and of the railway company, is superior to that of the B. & S. Co. under its contract. ���Action of Eeplevin. Motion for New Trial. �Wm. Hendricks, for plaintiff. �Lincoln, Stevens e Slattery and Stevenson d O'Hara, for defendant. �Base, D. J. In this case, by agreement of parties, a jury was waived; and the court gave judgment for the plaintiff. The defendant has moved the court for a new trial, and the respective counsel have argued the matter with much ability and earnestness. The amount involved is not large, but the questions are important, and it is due to the case, as well as the counsel, that I should state the reasons for the conclu- sions which are decisive of the case. These conclusions, as heretofore filed, are substantially — (1) That the plaintiff, who is the receiver of the Fleming circuit court, has all the rights, in this contest, to the property in controversy, which all or any of the parties to the consolidation suits in which he was appointed have; (2) that the rights of the Bamey & Smith Manufacturing Company have not been changed as against plaintiff and those he represents by the suit and judgment in this court, in 1879, and hence defendant must rely in this action alone upon its contract with Berthourd, dated March 13, 1877; (3) that the rights of the parties in this contention are construed and governed by the law of Kentucky, and not by that of Ohio ; (4) that the right of the attaching creditors of Quintard, and that of the Coving- ton, Flemingsburg & Pound Gap Eailroad Company, as pur- chaser, is superior to that of defendant under its contract of March 13, 1877. �The first and second propositions are not seriously contro- verted by counsel, but the others are controverted most eam- estly by defendant's counsel. The facts which are proven, or fairly inferable from the testimony, are these: One B. N. Quintard, who was a non-resident of the state of Ken- ��� �