In addition, there’s zero head positive testimony one to, if it was signed, it was signed on necessary foregone conclusion, which is, “authorized and you may sworn so you’re able to before a police authorized to administer oaths. Wreyford *225 agreed to trade autos, the guy delivered the brand new Pontiac so you’re able to Mr. Wreyford and you can obtained Mr. Wreyford’s Ford, picking up meanwhile the “mark receipt” safely transmitted; one at that time Mr. Wreyford didn’t have in the hands the fresh new certificate of label, however, which he arranged so you can safe and you can did secure a certificate from identity at a later time; which he failed to obtain the term transferred toward details of the Commissioner so you’re able to Triangle Utilized Autos because this is not precisely what the law need; you to “According to rules, when i see clearly, you can keep a title before you can ended up selling it again, nevertheless import they didn’t have becoming transmitted off your for me and you can us to somebody else”; but that the name for the Ford got so you can your of the Mr.
Wreyford. Wayne Pilgrim, director to your monetary institution (plaintiff within the fi. Melancon had told your whoever auto it absolutely was; when Melancon called valuing that it changes, the guy (Pilgrim) told your (Melancon) one to as Ford try a great `63 model vehicles “he [meaning Triangle Put Cars, Inc.
He put the ground plan make a note of to the `63 Ford Fairlane, and also the identity in which he threw it upon the brand new table there before me.
We believe that it testimony shows undoubtedly you to definitely each other Melancon and you may Pilgrim was basically aware of your own element the new “Motor vehicle Certificate away from Title Work,” and that Pilgrim, given that representative of one’s finance company, when you are discussing Melancon, since the broker from Triangle Made use of Automobiles, try insisting, and you can seriously interested in ascertaining, that the needs of that Work is complied that have in advance of Individuals Loan & Fund complex cash on the newest Ford automobile that was covered by the new specifications of the Act. Yes, if this testimony are using common *226 code one people was believed to know what what the law states demands also to follow its criteria, Gran &c. out-of 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 believe this is enough to approve the fresh trial court, resting since the trior from both rules and the things inside the the fact, to acquire the claimant got invested Triangle Made use of Vehicles that have indicia from ownership on the Ford automobile, and therefore the new plaintiff inside fi. fa, was signed up to handle Triangle on the basis of eg indicia. Therefore, new trial court is registered to discover the car susceptible to the fresh levy.
L. 1961, pp. Part sixteen of the Act, yet not, relieves a distributor from inside the vehicles of one’s obligations imposed up on most other transferees from the Area 15 of securing yet another title certification regarding the fresh Money Commissioner on the label of the agent. Under one area the latest dealer is required to possess inside his hands the newest certification out of title issued to your former proprietor with a project and you will promise out-of term properly executed and you will bound to ahead of a police officer authorized to manage oaths, eg assignment, whenever thus made to a supplier, being carried out within the empty. In case at bar new label certificate itself was not introduced from inside the proof, in addition to testimony about whether or not the name certificate into 1963 Ford vehicles hence Mr. Wreyford exchanged to help you Triangle Put Trucks is ever finalized from the Mr.
