Shepherd

This opinion concerns the scope of Sec. 689, Code of Civil Procedure of the State of California, and the question of the jurisdiction of the Superior court to try title to personal property capable of manual delivery which has been garnisheed and attached in the hands of third parties. Jurisdiction of this court is based on diversity of citizenship, and a claim that the amount of the controversy exceeds $3000.

I

Statement of Facts

This is an action in trespass to personal property, brought by Constructora, S.A., a Mexican corporation, hereinafter referred to as “Constructora” against W. W. Shepherd and Norma D. Shepherd, co-partners, doing business as Shepherd Tractor & Equipment Co., hereinafter referred to as “Shepherd”, arising out of the wrongful garnishment of personal property.

On February 25, 1949, Shepherd filed an action against one, Julio A. Villasenor, hereinafter referred to as “Villasenor” in the Superior Court, County of Los Angeles, State of California, to recover on a promissory note, case No. 556290. On the same day Shepherd directed the Sheriff to garnishee a certain motor grader in the possession of Belyea Trucking Company, hereinafter referred to as…