Wise v. Cain

McCLENDON, Chief Justice.

Suit by Homer Wise (a married man) against Dottie B. Cain (described in Wise’s petition as a “single woman”, and addressed and referred to throughout the trial as Mrs. Cain) to cancel a certificate of title to a 1940 Buick sedan (allegedly worth $1,000), issued by the State Highway Department to Dottie B. Cain, and to vest the legal and equitable title in Wise. In his verified petition Wise alleged that defendant “through fraud and misrepresentation” obtained the certificate from him. This allegation was abandoned at the beginning of the trial; and the sole issue…