Roddenberry v. Fouche

1. Although a mortgage is not sufficient to sustain an action of trover (Civil Code, § 3256; Horton v. Murden, 117 Ga. 72, 43 S. E. 786), the instrument which is the basis of this trover suit was in all respects in the form of a bill of sale reserving title to the personalty sold, and cannot properly be treated as a mortgage merely because it contains the following clause: “ As soon as the said first party shall pay or cause to be paid all of the aforesaid notes as they become due, then and in that event title to the said Eord automobile car shall become hers, and the said party of the second…