At the time of the attachment, Brown had the title to the organ and the right to its possession, — the plaintiff having failed to make payments in accordance with her agreement. Bailey v. Colby, 34 N.H. 29; McFarland v. Farmer, 42 N.H. 386, 391; Proctor v. Tilton, 65 N.H. 3, 4. The surrender of the possession to Hutchinson, to whom Brown had sold and transferred his title and right of possession, was a surrender to *Page 235
the owner and a discharge of the defendant's duty. Littlefield v. Davis,62 N.H. 492. The plaintiff, having no title and no right of possession, has no cause of complaint on account of such surrender.