Oswald v. Giles

1 Citing case

  1. Gen. Motors Acceptance Corp. v. Wilcox

    95 S.W.2d 1368 (Tex. Civ. App. 1936)   Cited 2 times

    As between appellant and Kinsel that rule may have been applicable, but the rule has no application as between appellant and appellee, who held a prior registered mortgage on the automobile, which was notice to the world of its existence. As between Kinsel, the mortgagor, and appellee, the senior mortgagee, both the mortgage and the statute (article 5496) prohibit the removal of the mortgaged property out of the county; and in the case of Oswald v. Giles (Tex.Civ.App.) 178 S.W. 677, 679, it is held: "The purchase of the property by the defendants with notice of the mortgage and its removal from the county of Galveston, without the consent of the holder of the mortgage, was a conversion of the property, and plaintiff, as the assignee of the mortgage, was entitled to sue therefor." In 26 R.C.L. 1136, the rule is stated that: "Where the mortgagee is given the right to take possession upon the removal or sale of the property, its removal or sale constitutes a conversion for which the mortgagee may bring trover."