70 SALE AND MORTGAGE. 



animals has been already Ireated.^ The sale of an animal 

 includes its natural produce, such as wool, milk, etc., and in 

 an action against the seller of sheep shorn before delivery to 

 recover the value of the wool, it was held that evidence could 

 not be given of a custom that wool sold under such circum- 

 stances did not go to the buyer.^ A man may sell the milk 

 that his cow will yield during the coming month or year, or 

 the cheese to be made from the same, or the wool to be 

 clipped from his sheep at a future time, but he can make only 

 a valid agreement to sell the wool or milk of animals that he 

 is afterwards to acquire.® So a sale of fish hereafter to be 

 caught in the sea will not pass title to the fish when they are 

 caught.* The sale of animals running at large is considered 

 below.^ 



24. Change of Possession — The sale must be completed by 

 delivery in order to make it valid as against the rights of third 

 parties. Therefore where the purchaser of a team of horses 

 arranged with the seller for the use of the stable till he should 

 be ready to move them, and with the keeper, who had the key 

 of the stable, to remain in charge of them, but there was no 

 visible change in the possession of the team, the sale was held 

 to be fraudulent as to an execution creditor.® On the other 

 hand, where the seller gave the stable-key to the purchaser, 

 who immediately took possession and put a man in charge 

 and employed the former drivers as his own employees and 



' See § 17, supra. ' Groat v. Gile, 51 N. Y. 431. 



' Benj. Sales § 78; Van Hoozer v. Cory, 34 Barb. (N. Y.) 9, 13; Jones v. 

 Richardson, 10 Mete. (Mass.) 481, 488. 



* Low V. Pew, 108 Mass. 347. " See § 25, infra. 



' Stephens v. Gifford, 137 Pa. St. 219. 



The title to cattle passes upon their delivery in payment of a debt and 

 the marking of them by the creditor, although they are left in the debtor's 

 possession, and the mm of showing fraud is on the party attacking the 

 transaction: Kennedy v. Whittle, 27 Nov. Sco. 460. 



As between the parties, delivery is not necessary to complete the 

 sale, unless it is made so by contract: Downey v. Taylor (Tex. Civ. 

 App.), 48 S. W. Rep. 541. 



