The plaintiff in error, Craine Motor Company of Laurens, S. C., hereinafter referred to as Craine, filed an action in bail trover in the City Court of Albany to recover two used Volkswagen automobiles from the defendant in error, A. L. Luckey. Luckey did not file an answer but filed suit in Dougherty Superior Court contending among other things that he was subrogated to an equitable lien on the two automobiles and praying that the prosecution of the trover suit in the City Court of Albany be enjoined. Craine filed his answer to the petition and the case came on to be heard.

The facts giving rise to this litigation are as follows: On February 11, 1959, Craine went to Jacksonville, Fla., seeking to purchase several used Volkswagen automobiles from Global Imports, Inc. Craine, after picking up an agent of Global, went to the docks at Jacksonville, picked out several autos and put the name "Craine, Laurens, S. C." on the windshields and side glasses. While at the docks Craine met the president of Global who told Craine that they could take the autos then if they would pay him. Craine, however, insisted upon notarized bills of sale and Florida title certificates as he wished to be sure there were no liens on the cars. Global's president stated that the title certificates were being mailed from the home office in Fort Lauderdale and would arrive the following morning. Early the next day the president of Global delivered the title certificates to Craine, who in turn went to the docks, checked the title certificates against the automobiles and returned to the hotel, where he was given a notarized bill of sale and, about 10:30 in the morning, after having received the bills of sale and Florida title certificates, Craine gave the president of Global a cashier's check and cash in payment. Craine was told to be at the dock where, after minor repairs had been made on the autos, he would be ready to leave.

Luckey, seeking to purchase the same two vehicles in question, had information, the source of which is not indicated by the record, that General Capital Corporation was holding the cars to secure a debt owed them by Global. On the afternoon of February 12, Luckey, who had no knowledge that the cars had already been sold, gave Global his cashier's check and went with the agent of Global to deposit the check in Global's bank account. Global's agent then drew a check payable to General Capital Corporation. After General Capital Corporation had been paid, Luckey received notarized bills of sale to the automobiles from Global and drove them to his place of business in Albany where this litigation arose.

At the conclusion of the evidence Craine made a motion for directed verdict which was overruled and the jury returned a verdict in favor of Luckey which verdict was made the judgment of the court. Subsequently an amended motion for judgment notwithstanding the verdict was overruled, and it is to the overruling of that motion that Craine now excepts.

The allegations in Luckey's petition show that the basis for the relief sought is his claim that by virtue of the payment to General Capital Corporation "plaintiff is subrogated to the rights of said General Capital Corporation and as a further result has a valid and enforceable lien on said automobiles in the amount of three thousand two hundred ($3,200) dollars."

From an examination of the record it is highly doubtful that General Capital Corporation in fact had a lien on the automobiles, equally doubtful that Luckey, rather than Global, paid off the lien if there was one, but, assuming that such a lien existed, it was invalid as against Craine as it was never recorded as required by Section 319.15 of the 1955 Florida Statutes which provides that "No liens for purchase money or as security for a debt in the form of retain title contract, conditional bill of sale or chattel mortgage, or otherwise, on a motor vehicle, as now or hereafter defined by law, shall be enforceable in any of the courts of this State, against creditors or subsequent purchasers for a valuable consideration and without notice, unless sworn notice of such lien, showing the following information [setting out information required] shall be recorded in the office of the motor vehicle commissioner of the State, which filing is in lieu of all filing and recording now required or authorized by law, and shall be effective as constructive notice when filed . . ."

SEPTEMBER TERM, 1961. 345

Luckey contends that the lienholder, General Capital Corporation, was in possession of the automobiles and for that reason Craine was charged with notice of their lien, though unrecorded. The record would seem to indicate that apparent possession to the automobiles was as much in Global as General Capital Corporation, but conceding possession in General Capital Corporation, the defendant in error cites no cases as authority to support his contention that possession by an alleged lienholder is sufficient notice to obviate the express requirements of the Florida statute requiring the recording of such liens, and this court has been unable to discover any such authority.

Furthermore the record shows that the purchase of the automobiles by Craine was consummated prior to the purchase by Luckey and further shows that prior to such consummation Craine demanded and received Florida title certificates to the vehicles, which certificates, by Florida law, are essential in order to acquire title to a motor vehicle in that State. Florida Statutes 1955, Sections 319.21 and 319.22.

In view of the foregoing it was error for the trial court to overrule the motion for judgment notwithstanding the verdict which was filed by the plaintiff in error, Craine. The judgment of the trial court is reversed with direction that judgment be entered in accordance with the motion for directed verdict.

Judgment reversed with direction. All the Justices concur.