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eBook details

• Title: Troy Lumber Company v. Williams Et Al.
• Author : Court of Appeals of Georgia
• Release Date : January 20, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

In attachment proceedings to recover a debt, the third-party claimant (asserting title and a perfected security interest in
the property levied upon) appeals from the denial of its motion for summary judgment. The court certified the order for immediate
review. The claimant is a South Carolina corporation which manufactures mobile homes. In January of 1970 it entered into a security
agreement with a certain Lampp, president of a Florida corporation which sells mobile homes. The agreement covered all present
and future inventory of the manufacturer's products which the dealer might possess for the purpose of retail sale. The dealer
had a place of business in Houston County. The manufacturer filed a standard UCC financing statement there on February 5,
1970, generally covering the inventory and proceeds as described in the security agreement. On May 12, the plaintiffs signed
a "proposal" with the dealer to purchase a mobile home (no particular model specified) and made a down payment of $600. Before
any further performance, i.e. delivery of a mobile home or plaintiffs' execution of a note for the balance, the dealer's president
apparently absconded with all the company's cash. On May 19, the plaintiffs filed an affidavit of attachment stating that
Lampp was indebted to them in the amount of $600. The sheriff levied upon a mobile home on the dealer's premises and plaintiffs
filed their petition praying for judgment on the debt and sale of the property to satisfy it. Then the manufacturer intervened
as a claimant, filing an affidavit that it owned the property levied upon which was therefore not subject to attachment for
the debt of Lampp. It then made a motion for summary judgment and offered in support a copy of the security agreement; the
financing statement; the shipping invoice on the mobile home levied upon; and affidavits of an officer of the company which
stated that title was in the manufacturer, that it had never issued a certificate of title to anyone, and that the mobile
home was shipped under invoice to the dealer's lot in Houston County with the understanding of both parties that it would
be kept in Georgia where the security interest would attach.

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