Bank of America National Trust & Savings Ass'n v. Riggs

MOORE, P. J.

From two judgments rendered by the trial court upon petitions for determination of title after the fil

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ing of third party claims, plaintiff bank appeals on the ground that the court was without jurisdiction to try title to property held under garnishment.

On January 4, 1934, plaintiff obtained judgment against one Blwood Riggs in the sum of $6,239 and thereafter, in a separate action on April 16, 1935, obtained judgment against Wheat, Strong and Riggs, for $5,982. On January 10, 1939, plaintiff caused an execution to issue upon the Wheat judgment and a levy to be made upon certain property of Riggs described below. On January 18, 1939, it brought an action to renew said judgment against said Riggs and caused an attachment to be levied by the sheriff of Los Angeles County against Grether and Grether, Inc., as to' all of its corporate stock belonging to said Blwood Riggs and all right, title and interest of said Riggs in and to the account of Riggs Investment Company, a corporation, hereinafter referred to as “claimant”. The garnishee answered to both levies that it was indebted to the claimant in the sum of $1689.91 and was also holding on its books 393 shares of its corporate stock standing in the name of said claimant. Thereafter claimant filed its third party claims with said sheriff in

both cases.

By its claim in the Wheat case dated March 20, 1939, it asserted title to and ownership of said corporate shares and the credit levied upon “by reason of its ownership of the building at said location and a lease thereof dated January 4, 1924, to Grether and Grether, Inc.” etc., wherein the Riggs Investment Company is the lessor and Grether and Grether, Inc., is the lessee. Again, on the 8th day of May, 1939, it filed its second third party claim in the Riggs case and advised the sheriff that the title to said money and corporate stock levied on and in the hands of said garnishee was vested in claimant. In its claim filed March 20, 1939, in the Wheat case the claimant stated “this claim is made to secure the release of said funds from said writ of execution”. In its third party claim filed on May 8, 1939, it stated “this claim is made to secure the release of said funds from said attachment”. Thereafter on the 16th day of May, 1939, claimant filed its petitions for hearing to determine title. Trials followed and as a result thereof, judgments were entered June 26, 1939, in both cases whereby it was decreed that claimant was the owner of and entitled to the possession of said moneys and stock in the custody of said garnishee and directed said