Butler v. Case
Butler v. Case
Opinion of the Court
The Probate Court found that the evidence did not establish a gift of the automobiles from decedent to the daughter either causa mortis or inter vivos. That finding was based largely upon the
The Court of Appeals in its opinion found that the issuance of certificates of title to the daughter raised a presumption of gift which was not overcome by the evidence. That court further found that, even if the resulting trust theory could be applied, the administrator had not made the requisite proof to establish a resulting trust.
This court finds no way to answer the question here posed except by construing and applying Section 6290-4, General Code (Section 4505.04, Revised Code), which provides:
“No person acquiring a motor vehicle from the owner thereof, whether such owner be a manufacturer, importer, dealer or otherwise, hereafter shall acquire any right, title, claim, or interest in or to said motor vehicle until he shall have had issued to him a certificate of title to said motor vehicle, or delivered to him a manufacturer’s or importer’s certificate for the same; nor shall any waiver or estoppel operate in favor of such person against a person having possession of such certificate of title or manufacturer’s or importer’s certificate for said motor vehicle for a valuable consideration. No court in any case at law or in equity shall recognise the right, title, claim, or interest of any person in or to any motor vehicle, hereafter sold or disposed of, or mortgaged or encumbered, unless evidenced by a certificate of title or manufacturer’s or importer’s certificate duly issued, in accordance with the provisions of this chapter.” (Emphasis supplied.)
The drastic character of this statute and its far-
In considering whether there was a gift, we can not find the answer in the evidence regarding the exercise of dominion and control over the automobiles, if the common-law standard of proof has been abrogated by this statute.
This statute says two things in clear and unambiguous language: (1) No person acquiring a motor vehicle shall acquire any right, title, claim or interest in it until he shall have had issued to him a certificate of title. No certificate of title was issued to the decedent. (2) No court in any case at law or in equity shall recognize the right, title, claim or interest of any person in or to any motor vehicle, etc., unless evidenced by a certificate of title. The only certificates of title issued are in the name of the daughter.
In view of this statute, how can a court entertain evidence to contradict the certificate of title? How can a court find that the equitable title is in someone' other than the holder of the certificate of title? All courts are forbidden, either in law or equity, to recognise any right, claim or interest, as well as any title, unless evidenced by a certificate of title.
It has been urged that the General Assembly did not
Then, too, the practical result — which is to require all motor vehicles to be registered in the names of the real owners and to make valid certificates of title conclusive as to ownership and title — works no real hardship upon anyone.
Further discussion of the statute will serve no purpose. Borrowing the expression from a recent opinion of a judge of the Court of Appeals, we suggest that the meaning of the statute does not gain in clarity by prolixity of statement.
Though not entirely in accord with our wishes, the conclusion is inescapable that the common law of resulting trusts is completely abrogated, so far as motor vehicles are concerned, by Section 6290-4, General Code (Section 4505.04, Revised Code), and such is our decision.
For the reasons hereinabove stated, the judgment of the Court of Appeals is affirmed.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.