Sloan Bros. v. Sawyer-Felder Co.

• Decision Date: 28 May 1918
• Docket Number: 593.
• Parties: SLOAN BROS. v. SAWYER-FELDER CO. ET AL.
• Court: North Carolina Supreme Court

96 S.E. 39

175 N.C. 657

SLOAN BROS. v. SAWYER-FELDER CO. ET AL.

No. 593.

Supreme Court of North Carolina

May 28, 1918

Appeal from Superior Court, Macon County; Lane, Judge.

Action by Sloan Bros. against the Sawyer-Felder Company, in which the Ashcraft-Wilkinson Company filed interpleas. Interpleas dismissed, and interpleader excepted and appealed. Modified and affirmed.

In an action involving title to a motor truck, evidence confirming relationship of mortgagor and mortgagee is immaterial, where such relationship has already been shown by a chattel mortgage.

The creditors of Sawyer-Felder Company instituted various actions to collect their debts, and levied attachments on a certain motor truck. After the action had been instituted Ashcraft-Wilkinson Company filed interpleas in which it alleged that it was the owner of the truck, and the several actions were then consolidated.

On the trial the following instrument was introduced in evidence:

"Georgia Fulton County:

Whereas Sawyer-Felder Co. (a partnership composed of F. L. Sawyer and K. T. Felder) is indebted to Ashcraft-Wilkinson Co. Now for ($5) in hand paid and to better secure the payment of said indebtedness, and any and all future indebtedness, whether on note or open account, by said partnership, to Ashcraft-Wilkinson Co., we hereby bargain, sell and convey to Ashcraft-Wilkinson Co. the following described property and all our right, title, equity and interest therein: A certain tractor truck, manufacture of the White Co., Model ATH Serial No. 21318, steel body, power end pump, equipped with tractor wheels, seat cushions, lamps and tools. A certain Alco truck, 5-ton capacity, purchased from C. L. Du Puy together with all accessories and equipment complete. Both of said trucks are now in our possession and are hereby covenanted to be free of all liens and incumbrances. Upon prompt payment by us of all indebtedness which shall become due the said Ashcraft-Wilkinson Co., they are to satisfy this bill of sale in the same manner as deeds may be canceled in law.

In witness whereof, we have hereunto set our hands and seals at Atlanta, Ga., this the 20th day of May, 1916.

Sawyer-Felder Co. [L. S.]

F. L. Sawyer. [L. S.]

Signed, sealed and delivered in the presence of P. B. D'Orr, Notary Public, Fulton County, Ga."

The said instrument was filed for record at 5 p. m. September 19, 1916, and recorded in Fulton county, Ga., September 29, 1916. The interpleader introduced as a witness P. B. D'Orr. The witness was handed the instrument hereinbefore set out, and in the absence of the jury certain questions were asked the witness, which, with the answers thereto, were as follows:

"Q. What is that instrument you have? A. This instrument is a deed of sale in our state, and a mortgage, I believe it is called in your state. Q. Who drew that instrument? A. I drew the instrument. Q. At whose instance? A. At the instance of Ashcraft and Wilkinson, the president and vice president of the interpleader. Q. For what purpose was the instrument drawn? A. After the Sawyer-Felder Company had been engaged in this mining business for some time it was the sense of the company, of the Ashcraft-Wilkinson Company, and those who control its affairs, that the Sawyer-Felder Company would be unable to pay the funds advanced; that their behavior had become such that Ashcraft-Wilkinson were disturbed over their transactions under which they loaned them this money, and they had turned this truck over to them to my personal knowledge, and they instructed me to prepare a deed of sale, which would put the title of the truck in us in order that it might be on the Fulton county records, so that if Sawyer-Felder attempted to sell the truck they would have a record showing that it belonged to us, and they had no record, and said that something ought to be on the books to show in whom the title lay, and Mr.

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