Q It's very important to note that: "....a thief never passes 'good title'"..... a title you can base 'ownership' on. In some cases, such as with tangible personal property items such as cars, boats, 'Sea-doo's', even cattle; titles are used. Other tangible property there are no titles. Consequently, it can be very difficult to prove ownership. In Example 1: I delivered my lawn mower to Dave's Mower Repair. Dave was supposed to repair my mower. Instead, my good friend, Dave, sold the mower in the ordinary course of his business to Ralph. Ralph paid for the mower and was unaware it was my mower. In Example 2: I delivered my car to my local car wash, "Suds". "Suds" is not a merchant in buying and selling cars, merely washes them. Suds sold my car to Mort, who paid a fair price, $8000, and was unaware that I owned it, or aware that the sale was improper. Always remember, '.....a thief, a fraud, never passes a good title'. Just point out where title passes, WHY, and the implications. As in, can owner retrieve their goods in a replevin action(return of property.)
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