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DETROIT STEEL COOPERAGE CO. v. SISTERSVILLE BREWING CO. et al.

United States Court of Appeals for the Fourth Circuit1912-06-01No. No. 1,081
195 F. 1023

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM.

Rehearing denied.

dissent opinion

PRITCHARD, Circuit Judge

(dissenting). I concurred in the opinion rendered in this case 195 Fed. 447, but after a careful reading of the petition for rehearing, and also the case of Tippett & Wood v. Barham, 180 Fed. 76, 103 C. C. A. 430, I am of the opinion that, inasmuch as the vendor reserved a lien on the tanks in controversy for the purchase price, which was duly recorded in accordance with the laws of West Virginia, the title never passed to the mortgagee under the after-acquired property clause, but remained in the vendor.

Therefore I think a rehearing should be granted.

End of Cases in Vol. 195