Dowd

The plaintiff brought this action in claim and delivery to recover an automobile in defendant’s possession and alleged in the complaint to belong to the plaintiff. The defendant answered, denying that the plaintiff was the owner of the automobile and alleging that the defendant was the owner thereof. Judgment was entered in favor of the defendant and the plaintiff has appealed. The facts are undisputed.

The plaintiff is an attorney at law and for several years prior to August 15, 1923, he had been attorney for R. L. Breck and the latter was indebted to the plaintiff in the sum of #155 for professional services. About the middle of August, 1323, Breck purchased the automobile involved herein from Josephine Lindeberg, the owner thereof. August 25, 1923, “Breck agreed to transfer the automobile to the plaintiff Dowd to secure the indebtedness of #155.” No transfer of the machine* to Dowd was ever executed by Breck. Breck “drove the said automobile to Truckee where he used it as a stage between Truckee and Reno from Au- . gust until December, 1923, without obtaining a new license to operate the machine.” December 11, 1923, Breck sold and delivered the automobile to J. H. Batcher and…