Legal Question in Consumer Law in Montana

Ownership context over automobile

I bought a 1960 chevy auto from a junk yard, that represented to me that it bought it from a guy 10 years earlier. I asked for a title, and the yard promised it would convey an executed title to me. I took possession of the car, but never got the original executed certificate of title. The yard did provide me an executed application for a duplicate title, signed by the original owner. I sent it in to the state, which issued a duplicate title in the original owner's name. He won't sign the title over to me, and has now sued me to take possession of the car after I put $5,000 into restoring it. The yard owner I bought it from died just before the suit was filed. Who wins this contest, me or the title owner?


Asked on 1/11/08, 12:14 am

1 Answer from Attorneys

Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: Ownership context over automobile

ownership of movable goods transfer with passing on consideration and delivery rather exchange of the same. Being motor vehicle you should have got registration transferred in your name immediatly . Had it been done this sistuation would not have arisen. The question as to who suceeds in the suit depends upon evidence and what is proved in Court

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Answered on 1/13/08, 8:34 am


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