True v. Crane

BARNARD, P. J.

Katherine True recovered a judgment against Leon 'Crane on September 1, 1927. Execution was issued on March 2, 1931, and levied by the sheriff of Riverside County on March 12, 1931, on a Reo truck then in the possession of Crane. Mary E. Maxwell, who is the mother of Crane, filed a third party claim on March 16, 1931, asserting ownership of the truck in herself. On March 20, 1931, the said Katherine True filed a denial of the allegations of the third party claim, together with an indemnity bond. In this denial she denies that Mary E. Maxwell is the owner of the truck in question and as a ■separate defense alleges that at some time prior to March 14, 1931, Mary E. Maxwell executed a conveyance of said truck to the said Leon Crane and that he, for the purpose of defrauding and hindering his creditors, failed, refused and neglected to register the same. It is further alleged, on information and belief, that Mary E. Maxwell holds the title to the truck in her name; that the property had in fact been bought for the said Leon Crane; and that he has been the owner thereof at all times since its purchase. The issues thus raised were heard by the court on April 6, 1931, and an order was entered in which it is adjudged that the truck in question is the property of Leon Crane and subject to sale by reason of said execution and levy. This appeal is from that order.

The only facts found by the court in its decision are “that Mary E. Maxwell did in fact endorse said pink slip of ownership to said Reo truck properly, delivering same to said defendant, Leon Crane” and “that the said Leon Crane failed, refused, and neglected to endorse thereon his name and forward same to the State Motor Vehicle Bureau, in pursuance, and as required by Motor Vehicle Act”. The court then drew the two conclusions of law that the said truck was not at the time of the levy in question the property of Mary E. Maxwell, and that it was in fact the property of Leon 'Crane.

[655]

The first question presented is whether these facts found are supported by the evidence. It appears from the evidence that Mrs. Maxwell lived in Beverly Hills and her son, Crane, lived in Riverside; that Mrs. Maxwell purchased the truck with her own funds in January, 1928; that at the time it was purchased the truck was registered in her name under the provisions of the California Vehicle Act (Stats. 1923, p. 522, secs. 36-49); that under her instructions the truck was delivered to Crane at Riverside; that it remained in his possession at all times until after this execution was levied, being used by him in operating his business; that, except as hereafter noted, Mrs. Maxwell retained the registration certificate at all times; and that she paid all taxes on the truck, all fees for renewals of the license to operate, and the premiums on insurance. It also appears that Mrs. Maxwell went to Europe in January, 1930, and returned about May 1, 1930; and before she went away she indorsed the registration certificate on the back thereof in the space provided for transferring and re-registering the car, signing both as registered owner and as legal owner; that after so signing she handed the certificate to Crane’s wife, who put it in a vault in a bank; that neither Crane nor anyone else indorsed the registration certificate as buyer; that neither Crane nor anyone else sent in the registration certificate to the motor vehicle department or took any other steps to have the car re-registered; and that the registration certificate thus signed by her was returned to Mrs. Maxwell by Crane some time before Christmas in the year 1930. In connection with the signing of this certificate and the delivery of the same to 'Crane’s wife, Mrs. Maxwell testified that before she went to Europe Crane’s wife told her there was a tentative deal on to dispose of the truck, because they thought they might not be able to go ahead while she was away; and that she signed the certificate as legal owner in order to permit them to sell the truck if they desired, while she was gone. This testimony, and also her testimony that she told her son that in the event the truck was sold the money received therefrom should be deposited, in her account in a bank at Beverly Hills, is not contradicted. She also testified, without contradiction, that the car was not sold; that when she returned from Europe she