The Law of Sales

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But some years later, in Hatstat v. Blakeslee,''' it appeared that the buyer of a wagon, who had taken actual possession, returned it to the seller to be painted.
Creditors of the seller thereafter attached it, and the court held that the buyer's rights were lost, saying, "This rule of law, that the retention of possession of personal property by the vendor is conclusive evidence of a color- able sale, is a rule of policy, required for the prevention of fraud, and is to be inflexibly maintained
...."*" Still later, the opinion in Huebler v. Smith*^ com- bined this conflict into one case. The court quoted with approval the statement in Hatstat v. Blakeslee, and others to the effect that, "That the retention of posses- sion of personal property by the vendor after a sale raises a presumption of fraud which cannot be repelled 35 — Thompson v. Wilhite, 81 III. 38 — Lucas v. Blrdsey, 41 Conn.
356, transaction admittedly with- 357, "The policy of our law for- out fraud, nevertheless fact that bids the retention by the vendor buyer employed seller to feed the of the possession of personal chat- hogs sold held no evidence of tela after a sale, and, except as change of possession; Cobb v.


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