Opinion by
Like the preceding case, this is an interpleader proceeding. It was admitted that the contract on its face was a contract of bailment, but it is contended that the conduct of the parties before and after its execution showed the transaction to be a sale, and that the writing in the form of a bailment was merely a subterfuge to secure a secret lien on personal property.
There is nothing in this transaction to change the character of the agreement as it was executed after the value was fixed. To have constituted a sale, under the conditions here mentioned, when the horses were knocked down, delivery of possession or its equivalent must have taken place. Neither the. title to or the possession of the horses left the claimant. There is'nothing to support the conclusion that any intending creditors were misled by the manner in which the value was fixed. TJnder the agreement the method of fixing values would not have the effect in law of transferring the title or possession to the lessee named in the bailment, in so far as present or future creditors are concerned. Had there been a delivery of possession, the title would have passed: Burt v. Kennedy, 3 Pennypacker 238. While at a public outcry more prominence is given to the sale of property than at a private sale, the person to whom the goods are knocked down on condition of payment or •other condition is not clothed with the badge of ownership until the condition is complied with or he receives the goods. Until that time it is well within the power of the parties to entirely change their method of dealing and effect a bailment instead of a sale. The parties to this contract had in their minds at all times an agreement of leasing or hiring, and there was nothing in their acts which showed a contrary intention. The property was delivered under the contract of bailment,
The assignments of error are overruled, and the judgment is affirmed.