Barnett
Barnett v. Marsili
Opinion
Lead Opinion
Marks, J.
This is an action of claim and delivery to recover possession of an automobile. Respondents alleged title and right of possession, and appellant denied their title and right of possession, and alleged ownership in himself. The trial court found respondents had a lien upon the automobile to secure a loan of $300, and interest. They secured judgment for the possession of the car, or, in case delivery cannot be had, for the sum of $300, and interest.
On September 22, 1930, Bert Watson was a dealer in used automobiles in the city of Bakersfield. He had the automobile in question in his place of business and had possession of the “pink slip”, which showed Ed Keeler as the legal and registered owner. On that day, Watson sold the car to appellant for $595, which was paid in full, together with one dollar to pay for the transfer of the registration to the new owner. On the same day, appellant received possession of the ear and a bill of sale to it. No transfer of the registration was ever made to him. He testified that he had possession of the car at all times thereafter.
On January 29, 1931, Watson applied to respondents for a loan of $300 on the car. This loan was made the following…