Gustafson

On the thirteenth day of May, 1926, the defendant, as sheriff of San Diego County, attached a Buick automobile as the property of one Lillian L. Elphick. On the fifteenth day of May, 1926, the plaintiff herein filed with the defendant a third party claim, alleging his ownership of the attached property. On the 2'6th of the month judgment was entered against Lillian L. Elphick, and an execution on the judgment was duly issued on the 29th of said month. Pursuant to the execution, and after due and legal notice, the sheriff sold the said automobile on the eighth day of June, 1926, and immediately parted with its custody.

. On July 1,1926, the plaintiff instituted this action against the defendant, said sheriff, for the sum of #850, the alleged value of the automobile, and the sum of #500 for the loss of its use.

After denying the allegation of the complaint, the defendant as a further defense alleges that Lillian L. Elphick had transferred the said automobile to the plaintiff herein, without any consideration; that the transfer was without immediate delivery, and was not accompanied by an actual or continued change of possession, and that the attempted sale was fraudulent as to…