Blaney

On the seventeenth day of September, 1918, the defendant, as sheriff of the county of Los Angeles, and acting under a writ of execution upon a judgment against the plaintiff’s husband, H. C. Blaney, seized and took into his possession a certain automobile described in the complaint in this action. The plaintiff made in due form a third party claim and demanded that the sheriff return the automobile to her possession. This demand having been refused, she commenced this action. Judgment having been entered in favor of the defendant, the plaintiff appeals therefrom.

The evidence was sufficient to establish the fact that on January 26, 1917, H. C. Blaney purchased the automobile with his own funds. The automobile license was taken out in the name of H. C. Blaney at that time, and the 1918 license also was in his name. On or about the first day of February, 1917, H. C. Blaney executed and delivered to the plaintiff a bill of sale of the automobile, but it does not appear that this fact was known to anyone except Mr. and Mrs. Blaney and their daughter. The family lived on property owned by the plaintiff, which was homesteaded for the joint benefit of the plaintiff and her husband. She…