Sellick

Defendant appeals from a judgment in favor of plaintiff quieting title to a vessel and denying him relief on a cross-complaint.

Plaintiff's title to the vessel is premised upon a sale foreclosing a possessory lien for storage charges. Defendant, as owner of the vessel, caused it to be stored in a slip at plaintiff’s place of business in San Diego. While the vessel was in storage defendant sold it, under a conditional sales contract, to people named Potter. The latter continued the vessel in storage; paid the charges therefor up to April 12, 1963; and did not pay the charges incurred thereafter. Plaintiff claimed a possessory lien upon the vessel for unpaid storage charges ; in November 1964 made a demand in writing upon the purchaser and defendant for payment thereof; and on December 28, 1964, following notice of sale in the manner prescribed by former Civil Code section 1858.56, 1 caused the vessel to be sold at public auction in satisfaction of its lien. Plaintiff purchased the vessel at the sale, and brought the instant action to quiet title thereto. Defendant answered, and filed a cross-complaint charging plaintiff with conversion.

On appeal defendant advances many…