Stafford

Motion for diminution of record.

In the year 1926 the defendant Geary brought an action in claim and delivery against the plaintiff and appellant Stafford to recover a Pierce-Arrow automobile which had been duly seized and held by the sheriff. Stafford cross-complained for the value of services rendered in repairing the automobile, and judgment in the sum of $849.51 was entered in his favor and against the cross-defendants Skinner, Arnold and Ringole. Stafford was also awarded a mechanic’s lien on the automobile to the extent of his judgment, but possession of the machine was not restored to him. He subsequently located it in the possession of Hammond, and caused an execution to issue against it as an aid to the enforcement of his mechanic’s lien. Hammond thereupon filed a third party claim, asserting ownership and right of possession. Upon a petition to try title filed by Stafford pursuant to the amendment of section 689 of the Code of Civil Procedure (Stats. 1929, p. 661), an order was issued by the trial court directing Hammond to produce evidence, if any he had, in support of his claim of ownership. At the conclusion of the hearing on the petition the court below entered its…