Automobile Funding Co. v. Lewis
Automobile Funding Co. v. Lewis
Opinion of the Court
Complaint by appellant for the possession of an automobile. The facts were found specially, and so far as material are in substance as follows: Appellee Martha Doman, being the owner of an automobile, placed it in the possession of an automobile sales company for sale. Two days later the sales company, without. the knowledge of Mrs. Doman, executed a false affidavit of ownership and induced appellee Lewis, one of its directors, to accept a bill of sale
The court stated its conclusions of law in favor of appellees and rendered judgment accordingly. Appellant appeals and contends that the court erred in its conclusions of law.
Appellees Mrs. Doman and Economy Manufacturing Company insist that as to them appellant’s mortgage is void, since it does not appear to have been recorded. It is well settled law in this state that, while a chattel mortgage is good as between the mortgagor and mortgagee without being recorded, it is void as to third parties, if not recorded within the time fixed by statute.
In the absence of a finding that the mortgage was recorded, the judgment must be and it is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.