Muller v. Bardshar
Washington Supreme Court
Appeal from a judgment of the superior court for Island county, Bell, J., entered May 6, 1921, upon findings in favor of the defendants, after a trial to the court upon stipulated facts, in an action for equitable relief.
1Dissent
Hovey, J. (dissenting)
— I dissent. Morse, who held the legal title to the car and lived in Whatcom county, drove it to Island county and sold it to the appellant, who had full knowledge of Morse’s residence, although he had no actual knowledge of the mortgage.
The provision of the statute relative to recording should he given a rational construction. In the first place, it recognizes that there is a valid lien by virtue of the filing at the original situs of the property, and for a full period of thirty days after removal. In the second place, the original owner is not relieved from the…
2Cases cited2 opinions
- Davis & Co. v. ThomasSupreme Court of Alabama · 1908
- Turner v. CaldwellWashington Supreme Court · 1896