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HARDWARE MUTUALLY CASUALTY CO. v. GALL

Nos. 41282 and 41366.

15 Ohio St. 2d 261 (1968)

HARDWARE MUTUAL CASUALTY CO., APPELLEE, v. GALL, APPELLANT. REPUBLIC-FRANKLIN INS. CO., APPELLANT, v. CASHNER BROS. ET AL., APPELLEES.

Supreme Court of Ohio.

Decided September 18, 1968.

Attorney(s) appearing for the Case

Messrs. Zimmerman & Zimmerman and Mr. Charles B. Zimmerman, Jr., for appellee in case No. 41282.

Mr. John E. Gould and Mr. David W. Carter, for appellant in case No. 41282.

Mr. Harry W. Schmuck, for appellant in case No. 41366.

Mr. Maurice W. Wendling, Mr. Richard O. Kuhn and Mr. Thomas W. Sharatt, for appellees in case No. 41366.

SCHNEIDER, J.

Before we confront once more the principal issue at bar, we apparently must again dispel the erroneous notion that whoever first obtains an apparently valid Ohio certificate of title will be entitled to retain possession of the automobile regardless of whether he is the real owner or a bona fide purchaser without notice, whose title derives from a thief. See Buckeye Union Casualty Co. v. Nichols...

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