Barnett

This is an appeal by the plaintiff from a judgment given under section 689 of the Code of Civil Procedure in favor of the third party claimant after a levy of execution. The property levied upon, a 1942 model automobile, was bought from a dealer in November, 1941, on a conditional sale contract, was then registered with the State Vehicle Department in the name of the claimant’s mother, who is the defendant against whom the execution runs, and remained so registered at the time of the levy.

The plaintiff contends that the registration of the automobile as above stated makes it subject to the levy, either because the claimant did not obtain a transfer of the car and its registration to her in the manner provided by the Vehicle Code, section 186, or because the registration of the car to her mother instead of herself was not in conformity to the Vehicle Code provisions regarding new registrations and was therefore void.

Section 175 of the Vehicle Code, which provides how a transfer of a registered vehicle shall be made, and section 186 which declares such a transfer ineffective unless made and completed by a change of registration in the manner so provided, are limited by their own…