Motor Contract Division of Trusco Finance Co. v. Southern Cotton Oil Co.

This case is a contest between Motor Contract Division of Trusco Finance Company, hereinafter referred to at times as the Finance Company, the plaintiff in error, and Southern Cotton Oil Company, the defendant in error, over certain funds derived from the sale of property by a sheriff under the levy of an execution.

On October 16, 1946, Fred Williams executed a note and bill of sale to secure its payment to Guy T. Cobb, the note being due and payable on November 16, 1946. The bill of sale conveyed three automobiles described therein. It was not recorded as provided by law. On the same day that…