News Focus
News Focus
icon url

Yolo

12/07/22 3:08 PM

#58954 RE: Hi_Lo #58953

There are two different things involved, yes.

But typically, you don't need to prove that you bought something if you can prove that you own it. If you have title to a car, you shouldn't need the bill of sale.

Having the physical share certificates in his possession is akin to having title. Without evidence questioning the title, there is no justification to shift the burden onto him to prove that he purchased them. Sharp would need to provide evidence that linked Calasse to O'Flynn prior to the stock transfer agreement, or in some way undermine his valid ownership in the shares.

If Sharp did that, then I agree that the court might require Calasse to prove that he purchased the shares. But without any evidence from Sharp, I don't think the court will even entertain this argument.
icon url

Yolo

12/07/22 3:27 PM

#58956 RE: Hi_Lo #58953

To put another way, you can prove that you own a car with the title alone. There may be additional steps required to obtain the title, but once you have the title, your ownership of the vehicle is registered with the state. You are then the proper owner and the ownership of the vehicle will not change until you sign the title over to someone else.

At that point they may need a bill of sale or purchase agreement to prove ownership and obtain valid title, but title is proof of ownership, just like stock certificates.

If I buy a car I can't prove to court that I bought the car by supplying the car's registration. I need the car title and bill of sale.