In addition, there is certainly no direct positive testimony you to definitely, whether or not it was closed, it was closed towards requisite formality, that is, “authorized and you can bound to before an officer subscribed to administer oaths. Wreyford *225 offered to trading trucks, the guy brought the brand new Pontiac so you’re able to Mr. Wreyford and you can picked up Mr. Wreyford’s Ford, picking up meanwhile the brand new “tag bill” safely transferred; one to at the time Mr. Wreyford didn’t have in his hands the fresh new certificate from identity, however, that he install in order to safe and you can did safe a certificate away from identity later on; he failed to obtain the identity transferred for the information of the Administrator so you’re able to Triangle Put Trucks since this is maybe not what the legislation demands; you to “With regards to the laws, whenever i read it, you can keep a concept one which just offered it again, you transfer it did not have getting transmitted out-of him to me and you will me to another person”; but that title for the Ford got to your from the Mr.
Wreyford. Wayne Pilgrim, movie director towards the finance company (plaintiff in the fi. Melancon got advised your whose automobile it actually was; whenever Melancon entitled respecting which transform, the guy (Pilgrim) informed him (Melancon) one to since the Ford are an effective `63 model car “he [meaning Triangle Put Cars, Inc.
Melancon to bring a right down to pay back the latest notice into the Pontiac together with the brand new notice to cover currency to-be loaned towards Ford; which he had heard of Ford into the Triangle’s parcel on the multiple occasions; you to Mr
The guy brought a floor bundle put in writing on the `63 Ford Fairlane, therefore the identity in which he put it upon the fresh dining table immediately just before me.
We feel it testimony reveals undoubtedly that both Melancon and you can Pilgrim was cognizant of requirement of the latest “Motor vehicle Certificate off Name Act,” and that Pilgrim, since the broker of finance company, Bridgeport online title advance if you are discussing Melancon, because representative out-of Triangle Utilized Vehicles, is insisting, and you can intent on ascertaining, that all the needs of one to Operate ended up being complied which have ahead of Peoples Mortgage & Fund complex cash on the fresh new Ford car that was included in the fresh conditions of one’s Work. Yes, when this testimony is actually together with the universal *226 signal you to definitely people is presumed to know what the law need also to stick to their requirements, Gran &c. regarding Savannah v. Go, 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 feel it was enough to approve the newest trial legal, sitting because the trior of both the laws additionally the facts during the the way it is, to track down your claimant got invested Triangle Put Vehicles having indicia out-of ownership towards Ford vehicle, and that new plaintiff from inside the fi. fa, was authorized to cope with Triangle on such basis as such indicia. Ergo, the latest demonstration judge try subscribed to find the auto susceptible to the latest levy.
Melancon titled him to your cell respecting transfer of your own auto and you can requested that he alter the cards regarding `62 Pontiac into `63 Ford, he advised him when it had been in accordance with the loan worth into the Ford, they might exercise; he told Mr
L. 1961, pp. Section 16 of these Act, although not, alleviates a seller within the cars of your obligation enforced abreast of most other transferees by Section 15 of protecting an alternate title certificate out-of this new Revenue Commissioner about name of one’s specialist. Lower than one to section the latest agent is just expected to has in the their arms the latest certificate off title issued for the previous proprietor that have a task and you can assurance off term duly conducted and you can sworn so you can before a police licensed to administer oaths, such as for example assignment, when for this reason built to a seller, being conducted during the blank. In the case from the pub the newest identity certification itself wasn’t lead inside the facts, and the testimony as to if the term certificate into 1963 Ford automobile hence Mr. Wreyford replaced in order to Triangle Put Autos was actually ever finalized by Mr.