R. S. EVANS MOTORS OF JACKSONVILLE, INC., ET AL., APPELLANTS,
v.
MERRITT A. HANSON, D/B/A MERRITT A. HANSON'S TRAILER STORAGE, APPELLEE

Fla. 2d DCA | 1961-05-17
No. 1991
KANNER, Acting C. -J., and SHANNON, J., concur.
130 So. 2d 297 Florida District Court of Appeal, Second District (1961) Positive Treatment
Cited by 9 cases

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Synopsis

R.S. Evans Motors sought replevin of a 1956 Knox house trailer based on a conditional sales contract default, competing against Merritt Hanson's possession claim derived from a later title certificate. The court held that a bona fide purchaser for value cannot defeat recovery by the true owner absent estoppel or recognized exception, and that a later-issued certificate of title does not vest title where none existed.


Holding

The appellants prevail because under settled law, a bona fide purchaser for value's possession is only prima facie evidence of title, no one can transfer better title than they possess, and one with defective title cannot defeat recovery by the true owner absent estoppel. A later-issued certificate of title does not vest title where none exists, and no estoppel was shown since appellants caused no possession in the dealer and had no reason to know of any possession before the default.


Key Quotes

“possession of personal property in good faith by a purchaser for value is only prima facie evidence of title, that no one can transfer better title than he has, and that one who is in possession under a defective or incomplete title cannot defeat recovery of the property by the true owner”

Establishes the fundamental legal principle controlling the case: that better title cannot be transferred than what the transferor possesses

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Facts & Procedural History

R.S. Evans Motors filed for replevin in September 1959, claiming the right to possession of a 1956 Knox house trailer due to purchaser Robert F. Shell…

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Opinion of the Court
SPOTO, I. C., Associate Judge.

SPOTO, I. C., Associate Judge.

This appeal arises from a dispute over the title and right to possession of a 1956 Knox house trailer.

Appellant, R. S. Evans Motors of Jacksonville, Inc., filed suit below for replevin during September of 1959, asserting a right to possession because of a default in a conditional sales contract by its purchaser, Robert F. Shell, since June of 1959. It traced its chain of title back to the manufacturer and relied on a title certificate issued by the Florida Motor Vehicle Commissioner in 1956. Appellant, Florida National Bank of Jacksonville, was later *299joined as a plaintiff by virtue of an unsatisfied lien which it has held since issuance of the original title certificate and which is properly reflected on the certificate.

Appellee is in possession under a bailment for storage from one W. E. Nicholas, Sr., who traces his title back to Fleming Trailer Sales and relies on a title certificate first issued in 1957 by the Florida Motor Vehicle Commission, setting forth the same identification or serial number of the vehicle as appears on the 1956 title certificate relied upon by the appellants, although no connection is shown to exist between the two chains of title.

The trial court found that the appellants were not chargeable with any negligence in exercising their rights, but held that they should not prevail because Nicholas was a bona fide purchaser for value without notice of any defect or infirmity of title. This holding is erroneous, since it is supported by none of the recognized exceptions to the settled law that the possession of personal property in good faith by a purchaser for value is only prima facie evidence of title, that no one can transfer better title than he has, and that one who is in possession under a defective or incomplete title cannot defeat recovery of the property by the true owner. And it is a general principle applicable .to traffic in personal property that no one can transfer or confer a better title than he has, unless some principle of estoppel operates to bar a claim under an otherwise better title.

See Glass v. Continental Guaranty Corp., 81 Fla. 687, 88 So. 876, 25 A.L.R. 312; Commercial Credit Co. v. Parker, 101 Fla. 928, 132 So. 640; and Dicks v. Colonial Finance Corp., Fla., 85 So.2d 874.

Florida, like the rest of the United States, has no market overt such as has been found in England. See Glass v. Continental Guaranty Corp., and Commercial Credit Co. v. Parker, both supra; 77 C.J.S. Sales § 293, p. 1100.

There is no estoppel against the appellants in the absence of any showing that they caused Fleming Trailer Sales to have possession and thereby to clothe the dealer with the indicia of ownership. Payments on plaintiffs’ accounts were kept current until June of 1959 and they accordingly had no reason to know of any possession by the dealer or by anyone claiming under the dealer until after the default occurred. Defendant’s certificate of title, although issued last and importing authenticity, does not accomplish more than a wild deed to real estate would accomplish. Chapter 319 of the Florida Statutes, F.S.A., under which the certificate was issued, does not purport to vest title where none exists.

The issues were submitted to the trial judge in a somewhat unusual manner. The parties were before the trial judge on a motion to vacate a final judgment which had been entered against the appellant, R. S. Evans Motors of Jacksonville, Inc., and a motion to join the appellant bank as party-plaintiff. The parties then proceeded to submit the cause to the trial court upon the record then before the Court. The judge found the final judgment to have been entered through inadvertence and proceeded to enter the order appealed from. Appellee has not. challenged by cross-assignment of error’ or otherwise, the trial court’s finding that the final judgment had been entered through inadvertence and appellee concedes both in oral argument and in his brief presented to this Court that the statement of' facts predicated on the exhibits and set forth above is correct, without suggesting that any additional evidence could be offered to support his position. Accordingly, the final order appealed from is reversed and this cause remanded to the trial court with directions to enter a final judgment in favor of the appellants.

KANNER, Acting C. -J., and SHANNON, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • AVIS Rent-A-Car Sys., Inc. v. Harrison Motor Co., 151 So. 2d 855 (Fla. 2d DCA 1963)
    …e held that an automobile title certificate, improperly issued due to false representations as to the ownership of an automobile coming from without the state, was void ab initio. In R. S. Evans Motors of Jacksonville, Inc. v. Hanson, Fla.App. 1961, 130 So. 2d 297, Judge Spoto, writing for the court, said, in part: “ * * * This holding is erroneous, since it is supported by none of the recognized exceptions to the settled law that the possession of personal property in good faith by a purchaser for value is…
  • Anderson Contracting Co., Inc. v. Zurich Ins. Co., 448 So. 2d 37 (Fla. 1st DCA 1984)
    …101 Fla. 928, 132 So. 640 (1931); Federal Insurance Company v. Mercer, 237 So. 2d 243 (Fla. 4th DCA 1970); Avis Rent-A-Car System, Inc. v. Harrison Motor Company, 151 So. 2d 855 (Fla. 2d DCA 1963); R.S. Evans Motors of Jacksonville, Inc. v. Hanson, 130 So. 2d 297 (Fla. 2d DCA 1961). Where an owner has voluntarily parted with possession of his chattel, even though induced by a criminal act, a bona fide purchaser can acquire good title, under the theory that where one of two innocent parties must suffer becau…
  • Motors Ins. Corp. v. Hamilton, 20 Fla. Supp. 161 (Duval Cty. Civ. Ct. Rec. 1962)
    …oppel, no one can convey better title than he has, and conversely, in the absence of some such intervening right, one cannot claim a better title than he, in fact, receives.” (85 So. 2d 876) R. S. Evans Motors of Jacksonville, Inc. v. Hanson, Fla., 130 So. 2d 297, is more factually similar to the case at bar than any case found, in that case each party was claiming under titles represented by different Florida title certificates, rather than [*167] one party claiming under a lien, as has been the situation i…

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