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Battle v. DeLoach

Battle v. DeLoach, 89 S.E. 1050 (Ga. Ct. App. 1916)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
September 15, 1916
Docket
No. 7344
Judges
Hodges
Citations
89 S.E. 105018 Ga. App. 5261916 Ga. App. LEXIS 1094
Summary
Levy and claim; from city court of Brunswick — Judge Krauss. February 14, 1916.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Hodges

Text extracted by OCR from a scanned original; check the original for exact wording.

Hodges, J.

1. The rights of an innocent purchaser for value are not

affected by the mere filing of a conditional bill of .sale with a reservation of title to the property purchased without notice. The law requires that such a bill of sale shall be actually recorded, in order to effect notice to one purchasing in good faith; and the filing with the clerk of such an instrument is not a compliance with the law. Civil Code of .1910, § 3319. “Where personal property is sold, with the condition affixed' to the sale that title is to remain in the vendor until the purchase-money is paid, the reservation of title must be in writing and recorded within thirty days from the date of its execution, in order to be valid against a third person, who, without actual notice of the reservation of title, parts with money or other thing of value upon the faith of • the vendee’s apparent unconditional ownership of the property, and in consideration therefor receives from the vendee a bill of sale to the property' to secure the debt, and records it in the manner prescribed by law.” Tremere v. Barfield, 12 Ga. App. 774 . *

2. No error of law was committed, and the verdict is authorized by the evidence. Judgment affirmed.

Compare Blakely Artesian Ice Co. v. Clarke, 13 Ga. App. 574 (4), 578.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1926: 119262026peak 1926 · 1

Relies on it most ⓘ

  1. Gunnin v. Carter131 S.E. 523 (Ga. Ct. App. 1926)

Most recent

  1. Gunnin v. Carter131 S.E. 523 (Ga. Ct. App. 1926)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Tremere v. Barfield, 78 S.E. 729 (Ga. Ct. App. 1913) 10
Blakely Artesian Ice Co. v. Clarke, 79 S.E. 526 (Ga. Ct. App. 1913) 8

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