Winn v. Herring-Hall-Marvin Safe Co.

1. A retention-of-title contract for the sale of personalty, when not attested by an official witness, is not sufficiently probated upon the affidavit of the attesting witness and is not entitled to record when it does not appear from the affidavit or otherwise from the instrument itself that the instrument has been delivered. Civil Code (1910), §§ 3318, 3319, 3257, 3261; Rushin v. Ball, 11 Ga. 636 (56 Am. Dec. 436); Stanley v. Suggs, 23 Ga. 137; Allen v. Bolden, 32 Ga. 418.

2. The record of a conveyance not legally entitled to record is not constructive notice. Civil Code (1910), § 3262;…