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eBook details

• Title: Jones v. Andrews
• Author : Court of Appeals of Georgia
• Release Date : January 09, 1954
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

On February 18, 1953, H. J. Jones, the plaintiff in error here, filed an affidavit and bond in attachment returnable to the City Court of Savannah against Lee McLaughlin, a nonresident of the State, and had the same levied upon a Trailmobile trailer. On April 16, 1953, within six months of the time the property had been brought into the State, a contract of conditional sale was recorded in the Superior Court of Chatham County, showing Trailmobile, Inc., as the vendor and McLaughlin and Oakley Andrews, the defendant in error here, as vendees, the contract being dated July 14, 1952, and executed in the State of Virginia. On motion of the defendant in error, his pleading, denominated a motion to dismiss the levy, was set for hearing prior to the attachment and claim cases, and at the Conclusion of this hearing the court directed a jury verdict to the effect that the levy be dismissed. Other evidence at the hearing was substantially as follows: that the debt on which the attachment was levied was a personal debt owing by McLaughlin to Jones; that the debt due to Trailmobile, Inc., under the conditional-sale contract had not been paid; that the tractor to which the trailer was attached had printed thereon the following: ""Lee H. McLaughlin, Fruit and Produce, Orlando, Fla.""; that documents found in the cab at the time of the levy stated the owner as ""Lee H. McLaughlin""; that a Florida license tag had been issued to McLaughlin as owner on October 30, 1952; that a chattel mortgage recorded in Florida, but not recorded in Georgia, showed a transfer of title to secure debt by McLaughlin as sole owner to Umatilla State Bank of Umatilla, Florida, of which bank the defendant in error, Andrews, was vice-president; and that on April 14, 1953, a certificate of title was issued to McLaughlin as sole owner by the Motor Vehicle Commissioner of Florida, which showed Trailmobile, Inc., to be the holder of the first lien, and Umatilla State Bank holder of a second lien against the property. Statutes of the State of Virginia were also pleaded and proved, to the effect that reservations of title in bills of sale which are not recorded according to the laws of that State shall be void as to creditors of the vendee and purchasers for value without notice. There was no evidence to indicate that the contract had ever been recorded within the State of Virginia.

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