It is the general rule that even though the title to the property is still to be acquired, one may sell or

9 Reed vs. Golden, 28 Kans., 632.

10 N. Y. Biscuit Co. vs. Cambridge,

118 Mass., 279.

11 Mecham vs. Sharp, 151 Mass.,

564. 12 Greenwood vs. Law, 55 N. J. L., 168.

13 Walker vs. Supple, 54 Ga., 178.

14 Hoyt vs. Hally, 12 Am. Rep.

390, 39 Conn., 326.

15 Hathaway vs. Bennett, 10 N. Y. (6 Seld), 108, 61 Am. Dec, 739.

16 Sedell vs. McCoys Ex'rs , 15 La., 340.

17 Low vs. Andrews Fed. Cas. No.

8559.

18 Huntington vs. Chisholm, 61

Ga., 270.

offer for sale, the goods still to be acquired, if the present purchase of the goods is hoped for, or expected by such a vendor.19 Farm and dairy products, thereafter to arise out of a demised farm, and stock thereon may be the subject of a sale,20 and it is not necessary in case of a sale, or purchase for future delivery, that the property should actually be on hand at the time.21 Any one, in general, has a right to sell any property they possess, if they are not an incompetent. The power of disposition of one's property is incidental to ownership, and it is the policy of the common law not to restrain it.22 But it is quite necessary that there be in existence the thing that is to be sold, it is the general rule that if the subject matter is not in existence, there is no sale.23 But if a thing has a potential existence-, as for example, the natural production or expected increase of property then belonging to the seller, it may be the subject of a sale. As a general rule, any person may sell or offer for sale, goods that he does not then own but which he hopes or expects to acquire.24 But if the property has only a potential existence and is to be afterwards acquired, then it can only be the subject of a conditional sale,25 and as against creditors the title remains in the original owner and subject to the execution, at least until actually delivered over to the person claiming the interest.