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Rights of Title

Horse and Automobile analogy


In the 1800s it was not uncommon for a horseman to sell his horse
via a contract with a buyer believing that the seller in possession of the horse
had the rights to sell the horse.
In this modern time the horse has been replaced by automobile, car(s)
and truck(s) in everyday use and many law(s) have been enacted into law
that directly affects the buying and selling of an automobile. Whereas there
was no method and means to verify if a horseman in possession of the horse
had a legal right to sell the horse, all states have codified into law method
and means to verify who has a right to sell the automobile: Certificate of
Title law(s).
If statutory law(s) are not held to be the legal standing of law, then a
Lessee of an automobile who is in possession would have a lawful right to
sell the automobile, the Leaser be damned and the principle of Nemo Dat
would not be applicable to the seller in possession.
However, statutory law(s) would not allow a possessor to usurp title
law(s) and to sell the automobile. If statutory law is not held applicable then
any car rental agency could fall prey to any person who rents and takes
possession if such person does not adhere to a private contract.
In car short, possession alone does not grant rights, however the
United States Constitution does grant right(s) with a guarantee.