Transfer of Ownership - Manner of Transfer

No. 5295
KUENZLE & STREIFF vs. MACKE & CHANDLER
Moreland

Summarized by Sarah

The plaintiff alleged that Stanley & Krippendorf sold them some goods consisting of bar
furnishings and fixtures, but the goods were never delivered to the plaintiff. Meanwhile, the
defendants obtained a writ of execution against Stanley & Krippendorf, and the sheriff levied
upon the property in question. The property was sold at a public auction, and was bought by
and delivered to the defendants. The plaintiff, claiming ownership of the goods, sought to
recover the value of the goods from the defendant. The Court held that ownership may only be
transferred by delivery and that the defendant, having bought the property at public auction,
obtained a good title against the plaintiff.

IMPORTANT PEOPLE
Kuenzle & Streiff Plaintiff
Macke & Chandler, et al. Defendants
Stanley & Krippendorf Original owner of the property

FACTS
1. The plaintiff alleged that it was the owner of the Oregon Saloon in Cavite, consisting
of bar furniture, furnishings, and fixtures, valued at P1K
2. Jose Desiderio (sheriff) levied upon such property by virtue of an execution issued
upon a judgment secured by the defendant Macke & Chandler, against Stanley &
Krippendorf
3. Plaintiff notified the sheriff that it was the owner of said goods and forbade the sale
thereof under said execution
4. Notwithstanding the plaintiffs claim, the sheriff sold the goods under execution
5. The firm of Macke & Chandler was the purchaser of the goods and the same were
delivered to it
6. The defendants alleged that the property described by the plaintiff and sold at the
execution sale was not the property of the plaintiff at the time of said levy and sale,
but was the property of Stanley & Krippendorf, who were in possession of the same
at the time of such levy.
7. They further alleged that Stanley & Krippendorf, being indebted in a considerable
sum to the plaintiff, attempted to sell to the said plaintiff by an instrument in writing
the property in question
1
 - That instrument was never recorded and was a private document
- The said property was not delivered to the plaintiff under that sale but the
property remained in the exclusive possession and control of Stanley &
Krippendorf
8. Plaintiff is now seeking to recover the value of the goods sold under auction.

ISSUE with HOLDING

Whether ownership of the goods was transferred from Stanley & Krippendorf to Kuenzle
& Streiff by virtue of the sale between them NO
- In Fidelity and Deposit Company against Wilson it was held that the ownership of
personal property cannot be transferred to the prejudice of third persons except
by delivery of the property itself; and that a sale without delivery gives the would-
be purchaser no rights in said property except those of a creditor.
- The bill of sale in this case could have no effect against a person dealing with the
property upon the faith of appearances.
- Possession of the property in suit was not taken at any time by the plaintiff.
- The defendant, having purchased the property at an execution sale, properly
conducted, obtained a good title to the property in question as against the plaintiff
in this case.

DISPOSITIVE PORTION
The judgment of the court below is, therefore, affirmed, with costs against the appellant.

DOCTRINE
The ownership of personal property cannot be transferred to the prejudice of third
persons except by delivery of the property itself, and a sale without delivery gives the
would be purchaser no rights in said property except those of a creditor.