Bradley & Co. v. Cochran

108 S.E. 624, 27 Ga. App. 463, 1921 Ga. App. LEXIS 215

Opinion

Hill, J.

An unrecorded contract retaining title in the vendor of personal property until full payment of the purchase-money is not good as against “ the interests of third parties acting in good faith and without notice, who may have acquired a transfer or lien binding the same property.” Civil Code (1910), § 3320. It follows that in a contest between the holder of an unrecorded retention-of-title note and a creditor of its maker under a iien created by the levy of an attachment, judgment in favor of the latter was properly rendered; and the judge of the superior court did not err in refusing to sanction a petition for a writ of certiorari. Civil Code (1910), §§ 3318 et seq.; Southern Iron & Equipment Co. v. Voyles, 138 Ga. 258 (4) (75 S. E. 248, 41 L. R. A. (N. S.) 375, Ann. Cas. 1916 D, 369); Worth v. Goebel, 138 Ga. 739 (5) (76 S. E. 46).

Judgment affirmed.

Jenhins, P. J., and Stephens, J., concur.