Also, there clearly was zero direct confident testimony you to definitely, whether it is signed, it was finalized towards needed foregone conclusion, that’s, “subscribed and you can pledged so you can ahead of a police officer registered to manage oaths. Wreyford *225 provided to exchange trucks, the guy produced the newest Pontiac to help you Mr. Wreyford and you may obtained Mr. Wreyford’s Ford, picking right on up at the same time the latest “mark receipt” safely transmitted; one to during the time Mr. Wreyford did not have in his fingers brand new certification regarding label, however, that he establish to safer and you will performed safer a certification of title at a later date; which he failed to obtain the identity moved into the info of your own Administrator in order to Triangle Made use of Trucks since this is perhaps not precisely what the laws requires; one “With regards to the law, when i read it, you can keep a title before you offered they once more, you transfer it didn’t have becoming moved off him if you ask me and you will us to another person”; but that the identity into the Ford gotten to your because of the Mr.
Wreyford. Wayne Pilgrim, manager on finance company (plaintiff inside the fi. Melancon had informed him whoever auto it absolutely was; that when Melancon titled valuing it transform, he (Pilgrim) informed him (Melancon) one since Ford was a beneficial `63 model automobile “the guy [meaning Triangle Made use of Trucks, Inc.
Melancon to create a down seriously to pay off new note with the Pontiac and the new note to cover money as loaned towards the Ford; which he got heard of Ford toward Triangle’s package into the several occasions; you to definitely Mr
The guy introduced the ground package note down into the `63 Ford Fairlane, while the name and then he tossed it down on the fresh desk there before me.
We feel which testimony shows without a doubt one to one another Melancon and Pilgrim was aware of your dependence on new “Automotive Certificate from Label Act,” and that Pilgrim, since representative of your own finance company, if you are speaking about Melancon, given that representative of Triangle Made title loans Metter use of Trucks, try insisting, and you will serious about ascertaining, that most the needs of you to Operate was actually complied with before Individuals Mortgage & Funds state-of-the-art cash on the brand new Ford auto that was included in the arrangements of one’s Act. Indeed, when this testimony try utilizing the universal *226 code that individuals was thought to know what what the law states need and also to adhere to the requirements, Mayor &c. off 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 authorize this new trial courtroom, seated since the trior out-of the law plus the issues into the the actual situation, to track down the claimant had invested Triangle Put Automobiles having indicia from ownership towards the Ford vehicle, hence the brand new plaintiff for the fi. fa, is actually signed up to deal with Triangle on such basis as like indicia. Thus, brand new demonstration legal try subscribed to obtain the automobile at the mercy of the latest levy.
Melancon called him into cellphone respecting transfer of auto and you can questioned he change the notes throughout the `62 Pontiac into `63 Ford, he informed him that in case it absolutely was in line with the financing value toward Ford, they would do so; he informed Mr
L. 1961, pp. Part sixteen of the Operate, however, relieves a seller from inside the autos of one’s obligations implemented on most other transferees by the Part 15 of protecting a unique term certificate away from the new Revenue Commissioner in the term of your own specialist. Under you to definitely area the newest dealer is only expected to enjoys inside the their possession the certification out of term issued to your former manager having a project and you may warranty out-of term properly done and you may bound to help you just before an officer registered to manage oaths, eg task, when hence made to a supplier, getting performed inside blank. In the event from the club the brand new identity certification itself was not delivered from inside the evidence, in addition to testimony on if the name certification into the 1963 Ford auto and therefore Mr. Wreyford replaced to help you Triangle Made use of Autos was ever before finalized from the Mr.