Jones

The action was brought to recover possession of an automobile seized by the sheriff of Sacramento County under a writ of execution issued against Joseph Herspring upon a -judgment in favor of California Pear Growers’ Association. Prior to- August 19, 1919, Joseph Herspring was doing business under the name of Joseph Herspring and Company. On that day he organized a corporation under the same name, composed of himself, his wife, and his brother, which continued the same business. On August 23, 1919, he executed a hill of sale purporting to transfer to plaintiff the title to said automobile. At that time said association had a claim against Herspring for goods sold and delivered which was subsequently reduced to judgment, upon which said execution was issued.

At the trial these facts were stipulated: “At the time of the execution of the bill of sale Joseph Herspring as an individual was the owner and in possession of the Paige car; that at that time the. car was kept by Joseph Herspring1 in his garage and that his garage was located at Joseph Her-spring’s residence; that ever since that time the car has been' kept in Joseph Herspring’s garage by him, and that since the time of the…