Depuy
Depuy v. Shay
Opinion
Lead Opinion
Barnard, J.
The plaintiff and her husband, C. P. DePuy, on December 30, 1925, purchased an Overland automobile under a contract which reserved title in the vendor until fully paid for, and which was signed by the plaintiff and her husband as purchasers. The purchase price was fully paid on February 13, 1926, and apparently the necessary papers were signed for a transfer of ownership, for the court found, and the finding is not attacked, “that a new pink certificate of ownership was issued on the first day of March, 1926, by the Motor Vehicle Division of the State of California, showing C. F. DePuy to be the legal and registered owner of said automobile, and by said Motor Vehicle Department mailed to said C. F. DePuy on or about March 1, 1926”. It appears that this pink certificate, with the white certificate of registration, was mailed at Sacramento on March 4, 1926, addressed to the plaintiff’s husband at San Bernardino, and while there is some evidence that it was received on .March 9, 1926, there is other evidence indicating that it was received a few days earlier. On March 9, 1926, W. A. Shay as sheriff of the county of San Bernardino, seized the automobile under a writ of execution…