Hollman

Plaintiff first obtained a money judgment against John E. Hamilton and others. An execution upon said judgment was issued against the property of said Hamilton and levied upon an automobile which was registered in Hamilton’s name. Defendant Eleanore Hollman, who is now Hamilton’s wife, filed a third-party claim with the sheriff and a bond under the provisions of Code of Civil Procedure, sections 710 and 710%. The sheriff released and delivered the car to her. Plaintiff then brought this action against the sheriff, joining Mrs. Hollman and the Aetna Casualty & Surety Company, the surety on the bond. Judgment was for the defendants. Plaintiff’s motion to vacate the judgment and for a judgment in its favor upon the findings was denied. Plaintiff appeals upon the judgment-roll alone, claiming to be entitled to judgment upon the findings.

The findings so far as necessary to a consideration of the points on appeal are as follows:

Appellant contends that because the automobile was not registered in the name of Mrs. Hollman, as required by section 45 of the Motor Vehicle Act (Stats. 1923, p. 517, at 524; Stats. 1925, p. 398, sec. 7), she had no title and hence appellant should have…