Dahl v. Prince

MeDONOUGH, Justice.

The question for decision is whether an attaching creditor of a vendor of a motor vehicle can, in view of Sec. 57— 8a — 72, U. C. A. 1943, hereinafter quoted, prevail over the vendee thereof and apply the proceeds of the sale of the vehicle on any judgment obtained against the vendor.

A Buick car was registered in the names of E. E. Garn and wife. They traded it to plaintiff as part payment on a truck and endorsed the. certificate of ownership on February 10, 1949. The plaintiff made no effort to have transfer of title on the record's of the State Tax Commission. Some…