People v. One 1924 Studebaker Sport Automobile

This action was brought against .a Studebaker automobile seized under the Wright Act because it was being used in the transportation of intoxicating liquor. The complaint set out the fact of illegal use by Gilbert Whetstone, the registered owner, and his conviction for the offense; that F. H. Lundblade was the legal owner of the automobile. It was prayed that the court fix a time and place for a hearing of the matter and prescribe the notice’ to be given to the registered and legal owners and also to the holders of liens and other interests therein, and that upon the hearing a decree be made adjudging the said automobile to be a common nuisance and directing its sale by the sheriff of the county, the proceeds to be applied to the payment of costs and the “balance to be disposed of as provided by law.”

Upon notice to the legal owner, Fred H. Lundblade, he intervened in the action and set forth in his pleading that he was the legal owner of the automobile and had sold the same to Whetstone upon conditional contract of sale, upon which only $451 had been paid, leaving a balance unpaid of $1,692. It is then alleged that "Whetstone has defaulted in his payments under the contract and…