125 S.E.2d 114 | Ga. Ct. App. | 1962
SOUTHEASTERN EQUIPMENT COMPANY, INC.
v.
PEOPLES INSURANCE & FINANCE COMPANY, INC.
Court of Appeals of Georgia.
Louis Saul, B. H. Barton, for plaintiff in error.
R. H. Jones, contra.
HALL, Judge.
1. The effect of failure to record a bill of sale to secure debt is the same as the failure to record a deed of bargain and sale. Code § 67-1305.
2. Where a bill of sale to secure debt, executed outside the State, is not recorded in Georgia within the time provided by Code § 67-108, the purported conveyance of title is invalid in Georgia as to parties other than the grantor and grantee. Lewis v. Jackson, 102 Ga. App. 573, 575 (117 SE2d 209).
3. A bill of sale executed out of this State, probated before a notary public, is not entitled to record in Georgia where the seal of the notary is not attached and where the official character of the notary is not certified by a clerk of the court of record in the county or city of the residence of the notary. Code §§ 29-409, 67-106.
4. Where such a bill of sale has not been attested or probated as the law requires, it is inadmissible in evidence even *540 when placed on the record by the clerk of the court. Livingston v. Hudson, 85 Ga. 835, 838 (12 S.E. 17); Allgood v. State, 87 Ga. 668, 672 (13 S.E. 569); Gray Lumber Co. v. Harris, 127 Ga. 693 (56 S.E. 252); Jones Motor Co. v. Finch Motor Co., 34 Ga. App. 399, 402 (129 S.E. 915).
5. It was therefore error for the court, trying without a jury, the issue between the plaintiff in execution under a mechanic's lien foreclosure and the claimant asserting title under a bill of sale to secure debt, which was executed outside this State, and was not probated by the grantor before a notary public whose seal was attached or whose official character was certified by a clerk of a court of record in the county or city of the notary's residence, to admit a copy of the bill of sale to secure debt in evidence.
The court erred in denying the motion for a new trial.
Judgment reversed. Felton, C. J., and Bell, J., concur.
