79 Okla. 287

FLEMING AUTOMOBILE CO. et al. v. STATE.

No. 9902

Opinion Filed Oct. 19, 1920.

Error from County Court, Johnson County; C. W. Crowell, Judge.

Proceeding by the State against Fleming Automobile Co., G. B. Church, and one Chevrolet car. A judgment of forfeiture was rendered, and defendants-bring error.

Reversed.

Cornelius Hardy, for plaintiff in error.

S. P. Freeling, Atty. Gen., and W. C. Hall, Asst. Atty. Gen., for defendant in error.

PER CURIAM.

In this case the Attorney General has filed the following confession o£ error:

“Under the holding of this court in the eases -of One Buick Car v. The State of Oklahoma, 77 Okla. 733, 188 Pac. 108, Boles v. The State of Oklahoma, 77 Okla. 310, 188 Pac. 681, and One Hudson Super Six Automobile v. State, 77 Okla. 130, 187 Pac. 806, the judgment as to the intervener, Fleming Automobile Company, will have to be reversed, as it clearly appears that said company held a valid chattel mortgage upon the automobile forfeited to the state, and was without knowledge and notice that the vehicle was being used for an unlawful purpose.”

The cause is therefore reversed.

All the Justices concur.

Fleming Automobile Co. v. State
79 Okla. 287

Case Details

Name
Fleming Automobile Co. v. State
Decision Date
Oct 19, 1920
Citations

79 Okla. 287

Jurisdiction
Oklahoma

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