Brent L. Sellick v. Sun Harbor Marina, Inc., a Nevada Corp.

On October 21, 1962, the appellant sold the vessel here in controversy under a conditional sales contract to some persons named Potter. The Potters berthed the vessel at the appellee’s wharf thereby incurring wharfage fees which were paid until April, 1963. Thereafter they were unable to pay the wharfage due. The appellee claimed a possessory lien upon the vessel for unpaid storage charges. After appropriate demands upon the Potters and upon the appellant for payment of these charges and after notice of sale in the manner prescribed by the California Civil Code, appellee sold the vessel at public auction to satisfy its lien and purchased the vessel at the sale.

Thereafter the appellee brought in a California Superior Court an action against the appellant and the Potters to quiet title to the vessel. The appellant appeared by answer in that action and filed a cross-complaint against the appellee alleging substantially the matters complained of in the appellant’s complaint filed in the court below in the cause now before us. Following trial of that action the Superior Court made findings of fact and conclusions of law in favor of the plaintiff in that suit, (the appellee here), and…