Snell
Snell v. Neilson
Opinion
Lead Opinion
Hart, J.
Plaintiff, as administratrix of the estate of Glenn Snell, deceased, brought this action against the defendant in claim and delivery for a Ford automobile alleged to be the property of the deceased, Glenn Snell, at the time of his death. The answer denied ownership in the plaintiff and alleged that the property belonged to the defendant, Mabel Neilson, she having obtained title by gift from, the deceased, her fiance. Judgment was rendered in favor of the plaintiff. Defendant made a motion for a new trial, which was denied, and then took an appeal from the judgment under section 953a of the Code of Civil Procedure, and demanded of the clerk that he prepare a typewritten transcript.
Glenn Snell died intestate on May 7, 1918, in the county of Lake, state of California, and his mother, Hattie M. Snell, was appointed administratrix of his estate on June 1, 1918, and letters of administration were issued to her. Thereafter, she made demand on the defendant, Mabel Neilson, for the Ford automobile and accessories, consisting of spotlight, storage batteries, automobile rims, fire-extinguisher, robe, etc. The court found that the Ford automobile had never been delivered, but found that the…