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Legal Opinion

Bern v. Rosen

Supreme Court of Alabama

Decided June 30, 1953No. 3 Div. 653PublishedCited by 15 opinions

1Opinion of the Court

SIMPSON, Justice.

Certiorari to the Court of Appeals to review an opinion of that court holding the subject instrument (reported with the case) to be a chattel mortgage rather than one of conditional sale. The suit was in detinue by Rosen against Bern. Rosen bases his claim on this unrecorded instrument.

The instrument contained not only the usual conditional sale clause retaining title to the property until the full amount of the debt shall have been paid, but also the customary mortgage clause authorizing the vendor in case of default in the payment of the obligation to repossess the…

2Cases cited6 opinions

  1. Cousins v. CrawfordSupreme Court of Alabama · 1953
  2. Perkins v. SkatesSupreme Court of Alabama · 1929
  3. General Motors Acceptance Corporation v. CrumptonSupreme Court of Alabama · 1929
  4. Ward v. JossenSupreme Court of Alabama · 1928
  5. Campbell Motor Co. v. SpencerAlabama Court of Appeals · 1928

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3Cited by15 opinions

  1. Automotive Acceptance Corporation v. PowellCourt of Civil Appeals of Alabama · 1970
  2. State v. Helburn Co.Supreme Court of Alabama · 1959
  3. Webb v. DicksonSupreme Court of Alabama · 1964
  4. Ison Finance Co. v. GlasgowSupreme Court of Alabama · 1957
  5. Lloyd's of London v. Fidelity Securities Corp.Alabama Court of Appeals · 1958

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