Whaddaya Mean it's Not My Car — My Name is on the Title …

A good treatment of the cancellation rule and equitable ownership of personal property:
 
JAMES LYNCH, SR. v. CLEON PORTIS
Court: TN Court of Appeals

Attorneys:

Ricky E. Wilkins and Sharon Harless Loy, Memphis, Tennessee, for the appellant, James Lynch, Sr.

C. Michael Becker, Germantown, Tennessee, for the appellee, Cleon Portis.

Judge: FARMER

The trial court awarded summary judgment to Defendant on Plaintiff’s claim for property damages arising from a motor vehicle collision, finding that Plaintiff did not own the vehicle allegedly damaged. On appeal, Plaintiff asserts the trial court erred by awarding summary judgment to Defendant where ownership of the vehicle is a genuine issue of material fact. We reverse the award of summary judgment and remand for further proceedings.

.PDF Version of Case


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Interesting discussion of the cancellation rule and Tn. Title.

This is an interesting case dealing with postive and negative testimony on the same subject by the a witness. The Rule is the contradictory testimony cancels itself and amounts to no evidence. That is the easy part. The harder part is in the application. The Party may be able to explain away the inconsistency- in that event the rule does not apply.
The case also has a good discussion of Tn. Car title law. Intent controls title - not registration.

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