Furthermore, discover no direct positive testimony you to, when it was finalized, it had been finalized into called for formality, which is, «subscribed and you can pledged to just before a police authorized to administer oaths. Wreyford *225 agreed to trading autos, the guy brought new Pontiac to Mr. Wreyford and you can obtained Mr. Wreyford’s Ford, picking right up at the same time this new «mark bill» securely transported; one at the time Mr. Wreyford did not have inside the hands the newest certification regarding name, however, that he created to help you safe and you will did safe a certificate out of title at a later time; he did not get the term transported with the suggestions of Commissioner in order to Triangle Made use of Cars since this is perhaps not exactly what the rules means; you to definitely «Depending on the laws, once i see clearly www.pdqtitleloans.com/payday-loans-in, you can keep a name before you could marketed it again, however transfer it didn’t have to-be transmitted away from your to me and you will us to somebody else»; but your identity on the Ford obtained to your from the Mr.
Wreyford. Wayne Pilgrim, director toward monetary institution (plaintiff from inside the fi. Melancon got told him whoever vehicle it actually was; if Melancon named respecting which alter, the guy (Pilgrim) advised your (Melancon) you to because the Ford is a `63 design car «the guy [meaning Triangle Used Cars, Inc.
He introduced the floor bundle put in writing towards the `63 Ford Fairlane, together with identity and he threw they upon this new dining table immediately just before myself.
We believe so it testimony shows without question you to definitely each other Melancon and you may Pilgrim was indeed aware of your own element the fresh «Motor vehicle Certificate off Term Work,» and this Pilgrim, as the broker of one’s monetary institution, if you find yourself speaking about Melancon, as agent regarding Triangle Used Trucks, try insisting, and you may intent on ascertaining, that every the needs of you to Operate is complied which have in advance of Individuals Mortgage & Funds cutting-edge cash on the newest Ford auto that was protected by the brand new terms of your Act. Indeed, when this testimony is actually with all the common *226 code one to persons is actually presumed to know what regulations requires and to stick to its criteria, Gran &c. of Savannah v. Wade, 148 Ga. 766 (2) (98 SE 464), Hutchings v. Roquemore, 164 Ga. 637 (1) (139 SE 216), Swofford v. Glaze, 207 Ga. 532, 535 (1) (63 SE2d 342), we feel this was sufficient to approve the brand new demonstration courtroom, seated due to the fact trior out-of both the rules plus the items within the the truth, to find your claimant had invested Triangle Put Autos with indicia out of possession into the Ford car, which new plaintiff inside the fi. fa, are authorized to handle Triangle on the basis of such as for example indicia. Thus, the newest trial court is actually subscribed to find the vehicle susceptible to the latest levy.
L. 1961, pp. Area 16 of these Operate, although not, alleviates a provider inside autos of one’s obligation enforced abreast of almost every other transferees by Area 15 off protecting another label certification away from the fresh new Revenue Commissioner in the title of broker. Around you to section the latest broker is only necessary to have for the their palms the brand new certificate off name issued on previous proprietor that have a project and you will guarantee away from name properly executed and you will sworn so you can prior to a police officer authorized to manage oaths, particularly task, when ergo built to a dealer, are done within the blank. In the event from the club the latest term certification in itself wasn’t produced into the evidence, and testimony about perhaps the label certification into the 1963 Ford vehicles which Mr. Wreyford traded so you’re able to Triangle Used Autos try ever before closed by Mr.