Proving motor vehicle title.

- Ga. L. 1961, p. 68, § 1 (see now O.C.G.A. § 40-3-1 et seq.) provides an additional method whereby title to motor vehicles can be proven but does not change the existing law as to the manner in which ownership of chattels, including automobiles, can be proven. Rome Bank & Trust Co. v. Bradshaw, 143 Ga. App. 152, 237 S.E.2d 612 (1977).

Purpose of chapter.

- Ga. L. 1961, p. 68, § 1 (see now O.C.G.A. § 40-3-1 et seq.) is a recording statute; the statute's purpose is to perfect and give notice of security interests, and it does not affect the creation of the security interest, which remains a matter of contract between the parties. Hallman v. State, 141 Ga. App. 527, 233 S.E.2d 839 (1977).

Failure to comply with chapter.

- Failure to comply with Ga. L. 1961, p. 68, § 1 (see now O.C.G.A. § 40-3-1 et seq.) does not nullify contract, but merely effects loss of priority when the rights of the third parties who complied with those provisions have intervened. Hallman v. State, 141 Ga. App. 527, 233 S.E.2d 839 (1977).

Intervenor's unrecorded security interest in forfeiture proceeding.

- State in a forfeiture proceeding does not occupy the status of a creditor or lienholder so that the security interest of the intervenor, when not properly recorded, is subordinated to it. Hallman v. State, 141 Ga. App. 527, 233 S.E.2d 839 (1977).

Sale held complete without actual passing of certificate.

- While a buyer of a motor home on consignment was entitled to summary judgment after the dealer never paid the consignors, when the consignors refused to execute an assignment and warranty of title when the buyer sought those documents, the buyer was also entitled to damages including reasonable attorney's fees under O.C.G.A. § 40-3-32(a). Smith v. Hardeman, 281 Ga. App. 402, 636 S.E.2d 106 (2006).

Cited in Moon v. Simson, 236 Ga. 786, 225 S.E.2d 314 (1976); Motors Acceptance Corp. v. Rozier, 278 Ga. 52, 597 S.E.2d 367 (2004).

U.L.A.

- Uniform Motor Vehicle Certificate of Title and Anti-Theft Act (U.L.A.) § 44.