Porter

In two actions involving the title and the possession of an automobile the trial court rendered judgments in favor of the plaintiff and the defendants, Porter and Caldwell, have appealed, bringing up typewritten transcripts.

Heretofore John F. Mitchell was residing in Oakland and was the owner of the automobile the subject of the suit. At the time he purchased it the motor vehicle department issued to him a certificate of registration. (California Vehicle Act, sec. 41.) He took out insurance on the automobile and policies were issued to him. A little later he became ill and went to Arizona for his health. Before leaving Oakland he appointed R. J. Mitchell, his father, as his - agent and authorized him to negotiate a sale of the automobile. Mr. R. J. Mitchell advertised the car for sale. In response to the advertisement a man giving the name of C. E. Marks appeared at the home of Mr. R. J. Mitchell and commenced negotiations to purchase the automobile. Marks produced a check and tendered it in payment. Mr. Mitchell stated that before he turned over the automobile or papers that he must be given time to ascertain whether the check was good. To -that suggestion Marks gave his…