HARKNESS v. RUSSELL


118 U.S. 663 (1886)

HARKNESS v. RUSSELL.

Supreme Court of United States.

Decided November 8, 1886.


Attorney(s) appearing for the Case

Mr. Parley L. Williams (Mr. James N. Kimball and Mr. Abbot R. Heywood were with him on the brief), for appellant.

Mr. Charles W. Bennett, for appellee.


MR. JUSTICE BRADLEY, after stating the facts as above reported, delivered the opinion of the court.

The first question to be considered is, whether the transaction in question was a conditional sale or a mortgage; that is, whether it was a mere agreement to sell upon a condition to be performed, or an absolute sale, with a reservation of a lien or mortgage to secure the purchase-money. If it was the latter, it is conceded that the lien or mortgage was void as against...

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