In treating of the subject matter of the sale, that is, the thing to be sold, it must be kept in mind that it is quite necessary that the vendor have title, as the vendor in any event only is able to transfer whatever interest or title he himself possesses. The only exception to this well known rule is in the transferring of money or negotiable paper, where the rule of the law merchant applies. Further exception in England is the sale in market overt, a doctrine which has never been applied in the United States and which is not a part of our law. Where the title of the vendor is a voidable one only, a purchaser who buys in good faith and for value without notice of the existing defect will take a good title. Outside of the city of London, market overts exist by grant or prescription, giving the right to sales in the open market on special days, under this doctrine these sales are free from the general rule that if the vendor has not the title, the real owner may reclaim his property where he finds it. In London all shops are markets overt for the purpose of their own trade.26

19 Wamsley vs. Horton, 77 Hun.

(N. Y.), 317; Ajello vs. Worsley, 1 Ch., 274. 20 Van Hoozer vs. Corey, 34 Barb.,

9. 21 Bartlett vs. Smith (C. C), 13

Fed., 263. 22 Insurance Bank of Columbus vs.

Bank of United States, 4 Clark, 125. 23 Strickland vs. Traner, 7 Exch., 208; Dexter vs. Norton, 47 N. Y., 62.

24 Forsyth Mfg. Co. vs. Castlen,

112 Ga., 199.

25 Brett vs. Carter, 2 Lowell (U. S.),

458.

26 Wilkinson vs. Rex., 2 Camp., 335.