In addition, discover zero lead positive testimony you to, in the event it are signed, it actually was closed into the required formality, that is, “subscribed and you may bound so you can just before a police officer licensed to manage oaths. Wreyford *225 agreed to change automobiles, the guy delivered the brand new Pontiac to help you Mr. Wreyford and found Mr. Wreyford’s Ford, picking right on up meanwhile the fresh new “tag acknowledgment” properly directed; you to definitely during the time Mr. Wreyford didn’t have within his possession the latest certification away from name, but which he setup to help you secure and you will did safe a certificate from label at a later date; that he did not have the label transferred on details of your own Commissioner in order to Triangle Utilized Trucks since this is maybe not exactly what the rules demands; one “According to laws, when i see clearly, you can preserve a title before you can sold they once more, but you import they did not have to be transported out of him in my experience and us to somebody else”; however, that title toward Ford obtained to help you your of the Mr.
Wreyford. Wayne Pilgrim, movie director into finance company (plaintiff inside fi. Melancon had informed him whose automobile it had been; that when Melancon named valuing which transform, the guy (Pilgrim) told him (Melancon) one because Ford are a good `63 model vehicle “the guy [meaning Triangle Made use of Automobiles, Inc.
Melancon to take a check as a result of repay the latest note on Pontiac and the note to cover the currency become loaned on Ford; which he got heard of Ford to the Triangle’s lot towards multiple occasions; that Mr
The guy delivered a floor package note down toward `63 Ford Fairlane, plus the name and then he threw they upon the fresh dining table there ahead of me.
We think this testimony suggests without question that one another Melancon and you will Pilgrim was indeed aware of one’s dependence on brand new “Automobile Certificate from Term Act,” and this Pilgrim, as the agent of one’s finance company, when you are talking about Melancon, just like the representative of Triangle Utilized Trucks, try insisting, and you can serious about ascertaining, that every the requirements of that Operate was complied having ahead of Peoples Loan & Fund state-of-the-art money on brand new Ford car which had been protected by new terms of one’s Act. Certainly, when this testimony was with the common *226 laws you to definitely people was believed to know what what the law states https://servicecashadvance.com/title-loans-ga/pearson/ requires and also to adhere to its requirements, Mayor &c. from Savannah v. Wade, 148 Ga. 766 (2) (98 SE 464), Hutchings v. Roquemore, 164 Ga. 637 (1) (139 SE 216), Swofford v. Glaze, 207 Ga. 532, 535 (1) (63 SE2d 342), we think this is adequate to approve the fresh demonstration court, resting just like the trior off the legislation and also the circumstances during the the truth, to acquire your claimant got spent Triangle Made use of Vehicles which have indicia of ownership for the Ford auto, and therefore the brand new plaintiff into the fi. fa, try signed up to deal with Triangle on the basis of like indicia. Ergo, brand new trial judge is subscribed to get the vehicle subject to the brand new levy.
Melancon entitled him to your mobile valuing import of the vehicle and you can questioned he alter the cards throughout the `62 Pontiac on the `63 Ford, he informed your that if it was based on the loan worthy of into the Ford, they might get it done; which he informed Mr
L. 1961, pp. Point 16 of that Operate, but not, alleviates a dealer when you look at the cars of duty enforced up on almost every other transferees by the Part fifteen from securing a new term certification away from brand new Cash Administrator throughout the term of one’s specialist. Lower than one to part the new dealer is just necessary to keeps during the their hands the newest certificate of term approved to the previous owner that have a task and you will assurance of title properly conducted and you will sworn so you can just before a police officer subscribed to administer oaths, such as for instance project, whenever hence designed to a provider, becoming conducted from inside the empty. In the case at the pub the identity certification itself wasn’t brought in the proof, in addition to testimony as to whether the name certification into 1963 Ford car and this Mr. Wreyford exchanged to help you Triangle Put Automobiles is previously closed of the Mr.
