Plaintiff brought this action for damages for conversion of an automobile. The trial court, sitting without a jury, found for the plaintiff and defendants appeal. While defendants state four separate "assignments of error” in their brief, all involve the trial court’s denial of their motion for an involuntary nonsuit. ORS 18.230.
In reviewing the denial of a motion for involuntary nonsuit the evidence, including all reasonable inferences which may be drawn therefrom, is taken in the light most favorable to the plaintiff. Bickham v. Reynolds,
Defendants allege the denial of their motion for involuntary nonsuit was error because (1) the ex-husband owned the automobile; (2) the ex-husband was entitled to possession of the automobile; (3) the ex-husband was entitled to control of the automobile; and (4) the court failed to consider defendants’ good faith in relying on the husband’s certificate of title.
The first three contentions may be treated together. If plaintiff was, in fact, the rightful owner of the automobile, the conversion of the automobile by the defendants Horton was unlawful and actionable. See Williams v. International Co.,
Defendants contend, however, that the title in the name of the ex-husband was prima facie proof that the ex-husband was entitled to possession of the car, and that plaintiff therefore failed as a matter of law to prove ownership. Defendants are correct in part. ORS 481.117 provides:
"In all actions, suits or criminal proceedings when the title to, or right of possesion of, any motor vehicle, trailer or semitrailer is involved, the record of registration and license, as it appears in the files and records of the division is prima facie evidence of ownership or right to possession of such vehicle. Such proof of the ownership or right to possession shall be made by means of a copy, certified by the division, of the record of the vehicle, as it appears in the files and records of the division, or by the original certificate of title issued by the division.”
Defendants’ conclusion, however, is wrong. The presumption in ORS 481.117 is disputable; it may be overcome by other evidence. Wiebe v. Seely; Administrator,
Defendants contend that good faith, although not a full defense, is a "factor” to be considered in an action for conversion. See Remington v. Landolt,
The judgment of the trial court is affirmed.
