Niroad
Niroad v. Farnell
Opinion
Lead Opinion
Burnett, J.
This is an action in claim and delivery to obtain the possession of a certain gasoline boat used for conveying passengers on Russian river between Russian River Landing and Monte Rio, in Sonoma county, and the complaint is in the usual form. The answer denies the ownership of plaintiff or his right to the possession of the property, and alleges ownership in defendant Parnell, and sets up as a separate defense that said defendant has a lien upon the property by virtue of services performed and materials furnished for said launch with the knowledge and consent of plaintiff. There is also an averment that by reason of an execution issued upon a judgment in favor of one Hoag against said defendant, the sheriff of Sonoma county had levied upon and taken possession of the property, but this feature may be dismissed from further consideration, as the court found that “before the commencement of this action said process lapsed and expired and said defendant John K. Smith [the sheriff] and William Loftus [the deputy], at the time of the commencement of this action did not have possession of said property,” and besides, admittedly, the process could reach only whatever interest that…