INTOXICATING LIQUORS-RIGHTS OF INNOCENT OWNER UNDER STATUTORY FORFEITURE OF AUTOMOBILE

Authors

Abstract

One Harve Townsend pleaded guilty to the charge of transporting intoxicating liquor in an automobile. A statute in South Dakota provided that in such cases the automobile or other vehicle used for such transportation should be forfeited, and, "unless good cause is shown to the contrary by the owner," it should be sold by the sheriff of the county and the funds paid to the county treasurer after the deduction of all expenses. The appellant had a valid chattel mortgage on said automobile, and claimed that it had a prior right to the proceeds of the sale of said automobile to the extent of the amount due on its mortgage. Held, that under this statute, the owner of the automobile was the only one who could object to its forfeiture and sale, and the mortgagee had no such right. State v. Studebaker Automobile (S. D. 1926) 210 N. W. 194.

Recommended Citation

INTOXICATING LIQUORS-RIGHTS OF INNOCENT OWNER UNDER STATUTORY FORFEITURE OF AUTOMOBILE, 25 Mich. L. Rev. 659 (1927).
Available at: https://repository.law.umich.edu/mlr/vol25/iss6/7