J. C. Equipment, Inc. v. Sky Aviation, Inc.

WEIER, Judge.

Plaintiff J. C. Equipment, Inc. appeals from the judgment rendered by the circuit court wherein defendant Clinton Chatters was held to be a good faith purchaser of an airplane and hence that he took title without actual or constructive notice of a fraud perpetrated on plaintiff in the sale of the aircraft. Contrary to the trial court’s ruling, however, the burden of proof to establish his position as a bona fide purchaser was upon defendant Chatters and the defendant Thunderbird Bank who made a loan to Chatters for the purchase money. Since these defendants failed to produce any…