134 S.E.2d 247 | S.C. | 1964
This action for damages arose out oí an automobile collision caused by the negligence of one Flowers in the operation of a 1957 Chevrolet automobile. Flowers defaulted and appellant, a subsequent purchaser of the Chevrolet, intervened. He interposed the defense of bona fide purchaser for value withqut notice against the collision lien claimed by respondent under Sec. 45-551, Code of 1962. This plea was overruled by the trial court upon the authority of Tate v. Brazier, 115 S. C. 283, 105 S. E. 413. Appellant recognizes that this decision is athwart his contention that the plea of bona fide purchaser of an automobile is good against a collision lien claimant but urges that we now overturn that decision upon the ground that it was erroneously decided.
We .are impressed by the ability and diligence of counsel in advocating the cause of his client. However, the statute, as construed, in Tate, has, with the implied approval of the leg
It is well settled that the doctrine of stare decisis is especially applicable to decisions construing statutes because any desirable change may be readily accomplished by the legislature. Powers v. Powers, 239 S. C. 423, 123 S. E. (2d) 646; 21 C. J. S., Courts, § 214.
The Chevrolet in question was seized by a credit company and sold in its wrecked condition to a motor company for $350.00 which was its fair market value. After repairing the car, this company sold it to a dealer for $725.00. Appellant purchased it from the dealer for $970.00. Respondent’s judgment is for $949.08. The final question for decision is whether the enforcement of this judgment against the automobile in the hands of an admittedly innocent purchaser for value without notice should be limited to the value of the automobile at the time the lien arose. If respondent had attached the automobile on the day after the wreck occurred, his statutory lien would have been worth no more than its value of $350.00. Instead, he waited some six months to do so. In the meantime, extensive repairs had been made, which enhanced the value of the automobile and which
Modified and remanded for further proceedings consistent herewith.
Act No. 566 of 1942.