Cash Loan Co. v. BOSER

There are two issues presented by this appeal:

1. Is the trial judge’s finding that there was no purchase of the rotodrill by Bembinster contrary to the great weight and clear preponderance of the evidence?

2. Assuming that Bembinster did not own the property but was in possession by consignment from Neuheisel, does Cash Loan’s unperfected security interest have priority over a purchaser who took with actual knowledge of the mortgage?

Alleged Purchase by Bembinster.

Bembinster claimed that he purchased the rotodrill from Neuheisel in September of 1964, thereby making ineffective any subsequent…