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entered for the plaintiff for the sum of sixty dollars damages and
interest on the same from the date of the writ, with costs. Sale
Without Delivery la Valid Against Vendor: Cottar v. Davits, 46 Am.
Deo. 311; Hooban v. BidioeU, 47 Id. 386, and cases cited in note;
Danley v. Rector, 50 Id. 248; Griffin v. Chubb, 58 Id. 85, and note
93; Winslpio v. Leonard, 62 Id. 354, and note 359. But the goods
sold must be specifically identified by the parties to the sale:
Gotder v. Ogden, 53 Id. 618: Winslow v. Leonard, 62 Id. 354, and
cases cited in note thereto 359. And a change of possession of
personal property upon a sale thereof is necessary in order to
protect the rights of the vendee: Wilton v. Hooper, 36 Id. 366; and
delivery is necessary to complete a sale so far as the rights of a
second purchaser or judgment creditor without notice are concerned:
Ludvng v. Fuller, 35 Id. 246, and note 247. Where the property is
on land or in buildings in the exclusive possession and control of
the vendee from the date of sale, no formal delivery is necessary:
Nichols v. Patten, 36 Id. 713. As to delivery in sales within the
statute of frauds, see extensive note to Shincller v. Houston, 49
Id. 325-340. Constructive Possession Op Goods By One Having General
Property In Them, and a right to reduce them to possession at
pleasure, is sufficient to maintain either trespass or replevin:
Haythornv. Rushferth, 38 Am. Dec. 540, and notes thereto 546;
Edwards v. Edwards, 34 Id. 711; but a wrongful conversion of
property gives title thereto against all persons except the true
owner: Wincher v. Shrewsbury, 35 Id. 108. There is Toktioos Taking
whenever there is an unlawful meddling with the property, or an
exercise or claim of dominion over it, without any pretense of
authority orright This, without a ma...
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