HALE, Justice.
The controlling question presented on this appeal is whether an alleged sale of a certain motor vehicle constituted a first sale thereof within the meaning of Art. 1436-1 of Vernon's Penal Code of Texas, known as the Certificate of Title Act. On December 16, 1953, the automobile was sold to City Motor Sales, Inc., a used car dealer of Rosenburg, Texas, by its then owner, G. R. Facton, d/b/a Missouri and Kansas Auto Sales, at auction sale in Kansas City...
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