An answer to the query, as to whether or not a mere bailee may convey title where he has the possession of a thing to an innocent purchaser, who has no notice of, the owner's title, is to present the same question asked where one buys of a life tenant, a lessee or a thief. A purchaser who buys from a thief, gets just as good a title, as against the real owner of the goods, as a purchaser from a mere bailee acquires; in either case the purchaser holds the property subject to the rights of the real owner. Peaceable possession by one who is not the owner, even possession with the consent of the owner, and with apparent ownership without such consent, is not conclusive evidence of title; he who has no title can give none, and a sale by one in peaceable possession, even to an innocent purchaser, will not divest the real owner of his title, unless he exhibited the vendor, or voluntarily permitted the vendor to appear as owner, or clothed him with indicia of ownership besides giving him such possession, or by giving him possession intending to part with the title, or has done some actual fraud upon said purchaser.16

15 Small vs. Robin, 9 Hun. (N. Y.), 419; Gilbert vs. Dickenson, 7 Wend., 449; Perry vs. Granger, 21 Neb., 579.

16 Hutchinson vs. Oswald, 17 I11. App., 28; Faucett vs. Osborn, 32 I11., 422.