Rogers v. . Booker
Supreme Court of North Carolina
Appeal by defendant from Devin, J., at May Term, 1922, of Wake. This was an action for the possession of an automobile with the ancillary remedy of claim and delivery.
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Appeal by defendant from Devin, J., at May Term, 1922, of Wake. This was an action for the possession of an automobile with the ancillary remedy of claim and delivery. The plaintiff claimed the right to possession by virtue of a chattel mortgage executed to him by Carr E. Booker,, duly recorded in the office of the register of deeds of Wake to secure a note in the sum of $600, and interest, for money loaned, dated 1 November, 1920. The defendant gave bond, retaining possession of the automobile, alleging that he bought it on or about 12 April, 1921, from Carr E. Booker, an automobile dealer…
1Opinion of the CourtClark, C. J.
Upon this conflicting evidence, the court charged the jury as follows: “Now the mere fact that C. E. Booker was permitted to retain possession of the automobile was no implied authority to sell it free from lien of recorded mortgage, and would not have the effect of avoiding the validity of the mortgage, and would not give to the purchaser from C. E. Booker an unencumbered title. A recorded mortgage is a notice to all the world, if it is recorded in the proper county, C. S., 3311, and all that C. E. Booker could pass was his interest in said automobile. But if you find from this evidence, and…
2Cases cited7 opinions
- Fowler v. Equitable Trust Co.Supreme Court of the United States · 1891
- Ward v. . SuggSupreme Court of North Carolina · 1893
- Smith v. Old Dominion Building & Loan Ass'nSupreme Court of North Carolina · 1896
- Spivey v. . GrantSupreme Court of North Carolina · 1887
- Hall v. . TillmanSupreme Court of North Carolina · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Wilkins v. Commercial Finance Co.Supreme Court of North Carolina · 1953
- Briggs v. Industrial Bank of RichmondSupreme Court of North Carolina · 1929