Rourke v. Bullens

Metcalf, J. The court are of opinion, that what passed between the defendant and Ellen Sullivan was not such a delivery, actual, constructive, or symbolical, of the swine, as gave a title to the defendant, which he can maintain against a subsequent bona fide purchaser, to whom actual delivery was made. See Packard v. Wood, 4 Gray, 307. Exceptions sustained.