Crewson v. Commercial Inv. Trust, Inc.
| Decision Date | 04 May 1926 |
| Docket Number | 15779. |
| Citation | 250 P. 521,120 Okla. 79,1926 OK 430 |
| Parties | CREWSON v. COMMERCIAL INV. TRUST, Inc. |
| Court | Oklahoma Supreme Court |
Rehearing Denied Nov. 16, 1926.
Syllabus by the Court.
Where in the sale of personal property, the vendor, by a conditional sales contract, reserves title to the property and subsequently the vendor procures a mortgage on the property from the vendee to secure the payment of the balance of the purchase price, the parties will be deemed to have elected to treat the sale as absolute, and thereby the title to the property becomes vested in the vendee, subject to the mortgage lien.
Where plaintiff, in a replevin action, bases his right to recover possession of the property on the allegation of ownership by virtue of a conditional sales contract, and the evidence of the defendant shows that the plaintiff does not own the property but has a special interest therein by reason of a certain mortgage on the property, the plaintiff's petition will be deemed to have been amended to supply the allegation of a special interest in the property; and, it being made to appear that the terms and conditions of the mortgage have been broken, the plaintiff is entitled to judgment for the possession of the property and to have the same sold to satisfy the mortgage indebtedness.
Commissioners' Opinion, Division No. 2.
Appeal from Court of Common Pleas, Tulsa County; Font L. Allen Judge.
Replevin by the Commercial Investment Trust, Incorporated, against D B. Crewson. Judgment for plaintiff, and defendant appeals. Reversed and remanded, with directions.
D. B. Crewson, of Tulsa, for plaintiff in error.
Ed L. Jones, of Tulsa, for defendant in error.
This was a replevin action by the Commercial Investment Trust, Inc., a corporation, to recover from D. B. Crewson a certain Nash automobile. A jury was waived, and, upon trial of the cause, judgment was rendered for the plaintiff, from which defendant has appealed.
Crewson purchased the automobile in question from the Southwest Nash Motor Company, at Tulsa, on August 23, 1921, paying part of the purchase price in cash, and, according to the testimony of Crewson, he executed a conditional sales contract on that date which reserved title in the Southwest Nash Motor Company to the automobile until the balance of the consideration which amounted to $905.34, was fully paid. The original conditional sales contract, however, was introduced in evidence, and it shows that it was executed on August 24, 1921, and there was introduced in evidence a note executed by the defendant on August 24, 1921, for the balance of the purchase price $905.34, which provided for the payment thereof in installments of...
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