In re Farmers' Dairy Ass'n

(after stating the facts as above).

In this case, from the certificate sent up by the referee, it is impossible to determine the reasons which actuated him in arriving at the conclusion as to which a review is sought, and which resulted in the conclusion complained of. The order entered by the referee .is merely to the effect that the petition of reclamation filed by petitioner Levi is dismissed and denied. The court is not advised, therefore, of the findings of fact and conclusions of law, if any, arrived at by the referee.

[1-5] In a proceeding of this character, respecting ownership and title tp property, the law of the state wherein such property is situate controls. In California, it may be considered as established that, in a contract of sale such as was relied upon by petitioner herein, the title to chattels sold may be retained by the seller pending full payment of the purchase price, or the performance of any other conditions named by him. This reservation of title by the seller is good as against creditors, and consequently as against the trustee in bankruptcy of the buyer. Perkins v. Mettler, 126 Cal. 100 , 58 Pac. 384 ; Van Allen v. Francis, 123 Cal. 474 , 56 Pac.…