Clanton's Auto Auction Sales, Inc. v. Harvin

Taylor, Chief Justice.

This appeal arises out of an action in claim and delivery brought by plaintiff for possession of an automobile. The issues to be decided concern the priority of the respective claims of Clanton’s Auto Auction Sales, Inc., and Stephenson Finance Company, Inc., to the proceeds of sale of the automobile in question, the car having been sold by agreement and the proceeds held pending a determination of the issues before the Court.

The stipulated facts are that on February 3, 1960, plaintiff in the course of its conduct of an auction sale for automobiles allowed one Stewart I.…