Guaranty State Bank of Tyler v. Reeves
Court of Appeals of Texas
Appeal from Smith County Court; W. R. Castle, Judge. Suit by the Guaranty State Bank of Tyler against Carl V. Reeves and another. Judgment for plaintiff for partial relief, and plaintiff appeals. To secure his indebtedness to J. L. Collins due June 8, 1918, F. M. Gillenwater on April, 8, 1918, mortgaged an automobile to said Collins. April 13th the mortgage was duly filed for record in Wood county, where the automobile was situated and where Gillenwater resided.
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Appeal from Smith County Court; W. R. Castle, Judge. Suit by the Guaranty State Bank of Tyler against Carl V. Reeves and another. Judgment for plaintiff for partial relief, and plaintiff appeals. To secure his indebtedness to J. L. Collins due June 8, 1918, F. M. Gillenwater on April, 8, 1918, mortgaged an automobile to said Collins. April 13th the mortgage was duly filed for record in Wood county, where the automobile was situated and where Gillenwater resided. April 17th H. E. Bolt (presumably at the instance of Gillenwater) moved the automobile from Wood county to Tyler, in Smith county.…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above.) Having found that Collins did not consent to the removal of the automobile from Wood county to Smith county, the court erred when he concluded that the mortgage was void as to Reeves, because it was not recorded in the latter county within four months from the time the car was removed there. It has been repeatedly held that, if mortgaged property is removed without the consent of the mortgagee from the county in which the mortgage was duly registered to another county, the failure to have it registered in the new county within four months from the date of…
2Cases cited6 opinions
- Ames Iron Works v. ChinnCourt of Appeals of Texas · 1896
- Davis v. DavisCourt of Appeals of Texas · 1899
- Hughes v. SmithCourt of Appeals of Texas · 1910
- Brinberry v. WhiteCourt of Appeals of Texas · 1914
- Thos. Goggan & Bros. v. SynnottCourt of Appeals of Texas · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
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- First Natl. Bank v. HuttoLouisiana Court of Appeal · 1929