Tope v. Brattain (1933)
Decided: April 17, 1933 · Docket: 24401 · Opinion: Millard, J.
Facts
Tope bought a debtor’s automobile at his own execution sale. Brattain held a previously recorded chattel mortgage but was not joined in Tope’s action, and the mortgage was not addressed in the execution proceedings. Brattain later foreclosed; Tope sought an injunction and quiet title to the automobile. Full opinion, unofficial Justia reproduction.
Holding and reasoning
The court affirmed dismissal of Tope’s claim. The conditional-sale purchaser had an interest that could be mortgaged. The recorded mortgage supplied constructive notice, and Tope did not obtain superior rights by buying at his execution sale. Opinion pp. 559–562.
Practical impact
The actual holding rejects automatic elimination of an earlier recorded vehicle mortgage through the judgment creditor’s ordinary execution purchase. It is not an interpretation of modern RCW 46.55 tow auctions, whose current WAC has its own express title rule. Opinion; WAC 308-61-190.
Currentness and later treatment
The complete opinion was retrieved through the ordinary web reader on 2026-10-17.
Its conditional-sale/chattel-mortgage filing framework predates the UCC and current
vehicle title law. Current RCW 62A.9A-201, -315, -317 and ch. 46.12 were separately
retrieved; the historical filing statutes are not presented as current perfection
instructions. Comprehensive subsequent treatment remains unfinished research,
so good_law_status remains needs_verification.
Current Article 9A;
current vehicle title chapter.
Applies in →
Legal information, not legal advice. Verify current law and subsequent treatment before relying on this historical decision.