Williams v. McGill

705 S.W.2d 636, 1986 Mo. App. LEXIS 3752
CourtMissouri Court of Appeals
DecidedFebruary 21, 1986
DocketNo. 13799
StatusPublished
Cited by3 cases

This text of 705 S.W.2d 636 (Williams v. McGill) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. McGill, 705 S.W.2d 636, 1986 Mo. App. LEXIS 3752 (Mo. Ct. App. 1986).

Opinion

FLANIGAN, Judge.

Plaintiffs Joe Williams and Daisy Williams brought this action in replevin, Rule 99,1 against defendant David McGill, seeking possession of a 1979 GMC pickup truck and a trailer. The trial court, after a non-jury trial, entered judgment in favor of plaintiffs and against defendant McGill and the sureties on his redelivery bond. The judgment required delivery of possession of the truck and trailer to the plaintiffs or, if plaintiffs so elected, awarded plaintiffs $6,769.18 representing the value of plaintiffs’ interest in the vehicles. Plaintiffs elected to accept the monetary judgment. Defendant McGill appeals.

In general, defendant challenges the judgment on the grounds that he had a right to possession of the truck and trailer, that plaintiffs had no right to possession, and that, in any event, the monetary judgment is excessive.

In April 1982 the Missouri Director of Revenue issued separate certificates of title to the truck and the trailer. Both certificates showed the owners to be “Douglas Garges or David McGill.”

On September 16, 1982, Douglas Garges and David McGill assigned the titles to the truck and trailer to “Douglas Garges or Karla Garges.” On that date, in connection with these transfers, defendant executed an affidavit stating, “I am giving [the truck] to Douglas Garges and Karla Garges.” Defendant executed a similar affidavit with respect to the trailer. No liens were listed in the transfer documents. The Gargeses immediately took possession of the truck and trailer. In October 1982 the Director of Revenue issued separate certificates of title showing ownership of the truck and trailer to be in Douglas Garges or Karla Garges, with no outstanding liens.

On November 17, 1982, the Gargeses borrowed $5,000 from plaintiffs. The loan was evidenced by a note which was accompanied by a security agreement identifying the truck and trailer and giving the plaintiffs a security interest in them as collateral for the loan. Also on November 17, 1982, or at least within 30 days of that date, plaintiffs sent to the Director of Revenue the certificates of title to the truck and trailer, together with separate applications, signed by Douglas Garges, for certificates of ownership containing the name and address of the plaintiffs as lien holders and the date of the security agreement and the “required certificate of ownership fee,” all as required by § 301.600.2. The Director of Revenue issued separate certificates of title to the truck and to the trailer on May 5, 1983, and mailed the certificates to plaintiffs who were shown as first lien holders. Each certificate recited that the lien was created on November 17, 1982.

At some indefinite date after November 17, 1982, apparently in “early December” of that year, defendant McGill took possession of the truck and trailer without the knowledge or consent of Garges. McGill testified that while the truck was in his possession, it “was destroyed — when I wrecked it.” Plaintiff Williams testified that “about a month after I loaned Garges [638]*638the money,” defendant called Williams and told Williams that he had the truck and trailer in his possession. Williams also testified, “When I informed [defendant] that I had a lien on [the truck and trailer], [defendant] told me that [Garges] owed him some money and that he had gone and taken it, and that he would wreck the [truck] before he would let [Garges] have it back.” Williams also testified that the conversation with McGill made him feel “insecure,” and that he immediately, through his attorney, demanded that Garges make full payment on the note. Payment of the note, by its terms, was then due. Garges made no payment and this action ensued.

Defendant, as his own witness, testified that the transaction of September 16, 1982, between him and Garges, was a “cash sale” of the truck in which defendant was the seller and Garges was the buyer. Defendant also testified that Garges had not paid him the purchase price.

Defendant’s first point is that he, as an unpaid seller of the “truck and trailer,” had the right to “rescind the sale” to Garg-es and to “reclaim possession of the truck and trailer” when Garges failed to pay the cash purchase price for the truck.

The only witness who testified that the transaction of September 16, 1982, was a cash sale was defendant himself. Garges’ testimony, in essence, was to the contrary. Defendant’s first point makes the invalid factual assumption that he was an unpaid seller. Defendant’s own affidavit, executed at the time of the September 16 transaction, described it as a “gift.” At the trial defendant conceded that he signed that false affidavit “to save the sales tax.”

Neither side made a request, authorized under Rule 73.01, that the trial court state the grounds for its decision and the trial court did not do so. That being the situation, “[a]ll fact issues upon which no specific findings are made shall be considered as having been found in accordance with the result reached.” Rule 73.01(a)(2). Thus it is unclear from the record whether the trial court merely rejected defendant’s trial testimony that he was an unpaid cash seller or whether the trial court attached no legal significance to that testimony even if it were true.

Defendant asks this court to accept his trial testimony that the September 16 transaction was a sale. This court declines to do so. It is, accordingly, unnecessary to determine what rights, if any, defendant would have had with respect to the possession of the truck and trailer if in fact the September 16 transaction was a cash sale in which defendant was the unpaid seller. Defendant’s first point has no merit.

Defendant’s second point restates his first point, which this court has rejected, and then states that defendant’s right to possession of the truck and trailer was superior to plaintiffs’ right to possession because plaintiffs failed to perfect their security interest in the truck and trailer until some date after defendant had retaken possession from Garges.

Section 301.600.2 reads:

“A lien or encumbrance on a motor vehicle or trailer is perfected by the delivery to the director of revenue of the existing certificate of ownership, if any, an application for a certificate of ownership containing the name and address of the lienholder and the date of his security agreement, and the required certificate of ownership fee. It is perfected as of the time of its creation if the delivery of the aforesaid to the director of revenue is completed within thirty days thereafter, otherwise as of the time of the delivery.”

Plaintiff Joe Williams testified that on November 17, 1982, at the time he made the $5,000 loan to Garges and took the security agreement, Garges “brought his title to the two vehicles and the trailer” and gave me “an assignment on the title.” Williams further testified that “within 30 days” he sent the documents to the Director of Revenue and “they came back.” The director, according to Williams, required additional information “regarding the mileage.” Williams testified, “I knew that David McGill had possession of the [639]*639vehicle. That was the delay of my getting the title back.” When the title certificates on the truck and trailer were issued by the director in May 1983, each certificate showed that the vehicle was subject to a first lien in favor of plaintiffs and that the lien was created on November 17, 1982.

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Cite This Page — Counsel Stack

Bluebook (online)
705 S.W.2d 636, 1986 Mo. App. LEXIS 3752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-mcgill-moctapp-1986.