In addition, there is zero head positive testimony one to, in the event it try signed, it was signed to the necessary formality, that is, “subscribed and pledged so you can ahead of a police officer authorized to manage oaths. Wreyford *225 offered to trading trucks, the guy put the latest Pontiac so you’re able to Mr. Wreyford and obtained Mr. Wreyford’s Ford, picking right up meanwhile the fresh new “level acknowledgment” safely directed; you to at the time Mr. Wreyford didn’t have inside the possession the fresh new certificate out of identity, however, he establish to help you safe and performed secure a certification of identity later on; that he don’t obtain the term transported towards the info of your Commissioner to help you Triangle Utilized Trucks since this is not exactly what the rules demands; one “According to the legislation, whenever i see clearly, you can preserve a concept before you could offered it again, however transfer it didn’t have become moved out of him in my opinion and you may me to somebody else”; however, your term with the Ford gotten to your by the Mr.
Wreyford. Wayne Pilgrim, director for the monetary institution (plaintiff when you look at the fi. Melancon got told your whose car it actually was; that when Melancon titled valuing that it transform, he (Pilgrim) informed him (Melancon) one to because Ford is a great `63 model automobile “he [meaning Triangle Utilized Trucks, Inc.
Melancon to carry a check as a result of pay back the latest note toward Pontiac and new note to afford currency getting loaned towards the Ford; that he got seen the Ford to your Triangle’s lot to the several occasions; you to Mr
He brought a floor bundle put in writing for the `63 Ford Fairlane, and the label and then he tossed they down on the latest table right there in advance of me personally.
We think so it testimony suggests without a doubt you to each other Melancon and you can Pilgrim had been cognizant of your dependence on the fresh new “Automobile Certificate from Term Work,” hence Pilgrim, due to the fact representative of your monetary institution, when you find yourself referring to Melancon, since the representative of Triangle Made use of Vehicles, is actually insisting, and seriously interested in ascertaining, that the requirements of that Work got complied which have prior to Individuals Financing & Financing complex money on new Ford vehicles that has been covered by the latest specifications of your Act. Certainly, if this testimony is actually utilizing the common *226 rule you to definitely people are presumed to understand what legislation needs in order to adhere to its standards, Gran &c. out-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 think it was adequate to approve the latest trial judge, seated once the trior from both the rules plus the affairs in happening, discover the claimant got invested Triangle Used Automobiles that have indicia away from control toward Ford automobile, and therefore new plaintiff during the fi. fa, are licensed to cope with Triangle on such basis as like indicia. Hence, the latest demonstration court is registered to discover the vehicle susceptible to the latest levy.
Melancon named your towards telephone respecting transfer of your automobile and you will expected that he alter the cards on the `62 Pontiac toward `63 Ford, the guy advised your if it had been according to the loan really worth on the Ford, they might get it done; which he told Mr
L. 1961, pp. Point sixteen of this Act, however, relieves a seller inside the vehicles of the obligation implemented on most other transferees because of the Point 15 off protecting another type of term certificate from the newest Revenue Commissioner from the title of your broker. Around that point the specialist is needed to has into the their fingers the latest certification online title loans Doraville GA away from name issued towards the former holder with a project and assurance of name properly performed and you can sworn in order to just before a police registered to administer oaths, such as for instance project, whenever for this reason designed to a seller, becoming carried out from inside the blank. In the case at bar new name certificate in itself wasn’t introduced for the proof, additionally the testimony concerning whether the title certificate to the 1963 Ford vehicle hence Mr. Wreyford exchanged so you can Triangle Utilized Automobiles are previously signed of the Mr.