Whatever the presumptions are that the court may indulge in, as to the intention of parties from the circumstances or condition under which the sale is made, these inferences will be repelled, by it being shown that the parties in reality intended the contrary. Therefore, where the seller shows plainly an intention not to pass title to the goods, even though he may have put the article in a deliverable state, or even placed it in the hands of the carrier for transportation, the title to the goods does not pass. Rules as to presumed intention give way where the real intention is shown by positive acts of the parties. The reservation of the right of title in the goods may be shown, by the seller having the bill of lading so drawn as to make the goods deliverable to his own order or to his agent, with a draft attached to be accepted by the purchaser. This right, called the reservation of the jus desponendi, is the absolute right of disposal of the goods, and is something more than a mere lien. So the transfer of the bill of lading, by the shipper on a sale or pledge of the property shipped, is a symbolical delivery of the property. The shipper, when he is the owner of the property shipped, does not lose his title by inserting the name of the consignee when he ships the property. The title still remains in him unaffected. In such a case, the consignee becomes the factor or commission merchant of the shipper.17 When the bill of lading is accompanied by a draft, made payable at sight and drawn against the purchaser, there must be acceptance, and payment of the draft, before the purchaser can claim the bill of lading. The effect of reservation of jus desponendi is to compel early payment by retaining title until payment. Incidentally it determines when title passes and the sale is completed. The reservation of the right also includes the right of making a pledge of the property, or a sale, or mortgage, before the title to the goods passes to the purchaser. The purchaser acquires no title where the carrier delivers the goods to the purchaser, if the goods are shipped accompanied by a bill of lading providing otherwise. Mere delivery, in such a case could not convey title to the purchaser. The title remains in the seller.

17 Michigan Central R. Co., vs. Phillips, 60 I11., 190.