Taggart

At issue in this appeal are the conflicting claims of a cash seller, Braxton Motor Company (hereafter Braxton) and a lien creditor, Citizens Bank of Roseville (hereafter Bank), to an automobile purchased by Richard Taggart (Taggart) by a check returned for insufficient funds. The trial court ruled in favor of Braxton. We affirm.

In 1980 and 1981, Bank extended credit to Taggart by way of two unsecured promissory notes in the face amounts of $15,000 and $5,000. Taggart defaulted on the notes and Bank brought suit in the Placer Superior Court, and secured a judgment against Taggart in excess of $30,000.

A writ of execution was issued and in September 1982 the Placer County Sheriff levied on a 1982 brown four-door Cadillac, registered in Texas, with Taggart listed as the registered owner. No legal owner was identified on the registration.

On September 10, 1982, a third party claim was filed by Braxton pursuant to Code of Civil Procedure section 689. Braxton is an automobile dealer in the State of Oklahoma. On May 20, 1982, Braxton sold the Cadillac to Taggart for a cash price of $15,864.30, paid by Taggart by check. Before the check cleared, Taggart received the boon of…