Rauer

The action was brought, on September 21, 1911, to secure possession of a Simplex automobile with damages for its detention and resulted in a judgment for plaintiff. The history of the whole litigation concerning said machine is quite varied and has given rise to certain questions somewhat out of the ordinary. On December 24, 1910, B. F. Rynd, Jr., one of the defendants herein, brought suit in replevin in the superior court of the city and county of San Francisco to recover possession of said machine from Rauer’s Law and Collection Company. Under a writ of replevin, Thomas J. Finn, the sheriff of said city and county, took possession of the machine. J. J. Rauer, plaintiff in the present action, presented to the sheriff a claim for said property as provided by the statute, asserting that he was the owner thereof, having purchased the same on the seventeenth day of December, 1910, from one Frank J. Flanigan. Plaintiff Rynd gave the1 statutory bond to the sheriff and thereupon said machine was delivered to the former. Subsequently, said company filed an answer disclaiming any interest in the automobile and judgment was therefore entered in its favor for costs. Thereafter, and in…