Opinion
Gen. No. 10,062. (Abstract of Decision.)
Opinion filed September 18, 1947 Released for publication October 7, 1947
AUTOMOBILES AND MOTOR VEHICLES, § 18.4 — rights of assignee of conditional sales contract as against subsequent purchasers. Where dealer sold automobile on conditional sales contract, assigned such contract to finance company, and assigned certificate of title to purchaser under conditional sales contract, who surrendered certificate to secretary of state, received new certificate of title showing him to be owner of automobile, and, after executing a chattel mortgage on automobile and procuring another certificate disclosing the chattel mortgage, assigned latter certificate to second dealer which in turn assigned it to defendant to whom it had sold automobile, held that upon default in conditional sales contract finance company was entitled to possession of automobile, and defendant was not entitled to invoke doctrine of equitable estoppel as defense to replevin suit.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the County Court of Rock Island; the Hon. Julius P. CALIFF, Judge, presiding.
Reversed and cause remanded. Heard in this court at the May term, 1946.
Oakleaf Churchill and Braun, Brodie Johnson, for appellant;
Robert G. Corbett, of counsel;
Bell, Farrar Scott, for appellee;
Earl L. Scott, of counsel.
Not to be published in full. Opinion filed September 18, 1947; released for publication October 7, 1947.