New York Court of Appeals April 16, 1889 (Comley v. . Dazian)

Vann, J.

When Elemming gave a bill of sale to the defendants covering the property in question, he had never been in the possession thereof and he had no title thereto that he could transfer to another. Where one takes title simply to secure himself against loss as surety upon a bond, he has no interest that he can sell until after a breach in the condition of the bond.