Ætna Auto Finance, Inc. v. Kirby

BROWN, Justice.

The debt due plaintiff from Amos was contracted and suit instituted thereon pri- or to the purchase of the automobile by Amos from Knapp Motor Company.

The judgment was recovered and the certificate of the clerk issued thereon was registered as provided by the statute, Code 1923, § 7874, subsequent to said purchase, and at the time of such registration the automobile was in the possession of the judgment defendant in the county where the judgment was recorded.

The conditional sale contract, under which Amos purchased, was not recorded as required by § 6898 of the Code, 1923.

The…