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BERN v. ROSEN

3 Div. 653.

66 So.2d 711 (1953)

BERN et al. v. ROSEN.

Supreme Court of Alabama.

June 30, 1953.

Attorney(s) appearing for the Case

White, Bradley, Arant, All & Rose and Jos. H. Johnson, Jr., Birmingham, for petitioner.

Bernard Lobman and H. T. Fitzpatrick, Jr., Montgomery, opposed.

Files Crenshaw and Jack Crenshaw, Montgomery, amici curiae, in support of petition.

SIMPSON, Justice.

Certiorari to the Court of Appeals to review an opinion of that court holding the subject instrument (reported with the case) to be a chattel mortgage rather than one of conditional sale. The suit was in detinue by Rosen against Bern. Rosen bases his claim on this unrecorded instrument.

The instrument contained not only the usual conditional sale clause retaining title to the property until the full amount of the debt shall have been paid...

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