Johnson v. Davis

On Application for Rehearing

CATES, Judge.. In deference to the appellee’s eárnest and forceful insistence .that - error is with us 'rather than the court below, we have extended the opinion.

He says that the chattel mortgage, not having been witnessed or acknowledged^ was not entitled to recordation, and, therefore, conferred no notice, citing Code 1940, Title 47, § 109. This section .provides, in effect, that a conveyance not in compliance with the section loses the privileges com ferred by § 104 of said title. The privileges conferred by § 104 are (l) that self-proving conveyances may be…