Whitehurst v. Nixon, 196 N.C. 823 (1929)

Feb. 20, 1929 · Supreme Court of North Carolina
196 N.C. 823

EFFIE M. WHITEHURST v. T. J. NIXON.

(Filed 20 February, 1929.)

For Digest see WMteMirst v. Garrett, ante, 154.

Appeal by defendant from Small, J., at November Term, 1928, of PASQUOTANK.

Civil action to recover damages for an alleged wrongful conversion and detention of a Pontiac automobile, the property specifically described in plaintiff’s chattel mortgage.

From a verdict and judgment in favor of plaintiff, the defendant appeals, assigning errors.

Thompson & Wilson for plaintiff.

Whedbee & Whedbee for defendant.

Pee Cueiam.

The principal question presented by the appeal is whether one who purchases an automobile from a licensed dealer, generally offering cars for sale to the public, gets title superior to that of a prior mortgagee who holds a valid chattel mortgage, duly registered, on said automobile. This question was answered in the negative in the case of Whitehurst v. Garrett, ante, 154, and, on authority of what was said in that case, the judgment in the instant case will be upheld.

No error.