Cline

In a certain action in the superior court of Los Angeles County Charles Von Der Kuhlen as plaintiff obtained judgment for the recovery of a sum of money against the defendant A. E. Warmington. On an execution issued in that action, the sheriff levied upon and took from the possession of Warmington an automobile, which, under the plaintiff’s direction, he had seized as property of Warmington. Thereafter the' California Southern Railroad Company filed a third-party claim with the sheriff, claiming that the automobile was its property. To indemnify the sheriff against such third-party claim, Von Der Kuhlen gave to the sheriff an indemnity bond as provided by law. Nevertheless, the sheriff now refuses to proceed under the execution and make sale of the property so left in his custody.

After said indemnity bond had been given, the California Southern Railroad Company as plaintiff filed an action in claim and delivery against the sheriff and others, alleging that said automobile was the property of said plaintiff California Southern Railroad Company and that as such owner it was entitled to the possession thereof. Thereafter in that action the railroad company filed an affidavit and…