Hardware Mutual Casualty Co. v. Gall

Before we confront once more the principal issue at bar, we apparently must again dispel the erroneous notion that whoever first obtains an apparently valid Ohio certificate of title will be entitled to retain possession of the automobile regardless of whether he is the real owner or a bona fide purchaser without notice, whose title derives from a thief. See Buckeye Union Casualty Co. v. Nichols, 6 Ohio App. 2d 36. The principal authority for this erroneous proposition is Commercial Credit Corp. v. Pottmeyer, supra (176 Ohio St. 1), where four members of the court agreed to the following…