Barbour v. Hodge

Citations

• 99 Wash. 578
• 170 P. 115
• 1918 Wash. LEXIS 671

Syllabus

<p>Bailment—Lien—Priorities—Conditional Sales. Although the vendee in a conditional sales contract of an automobile was never in possession of the car, which was left in the possession of the vendor for the purpose of contracting for rebuilding it as per agreement, the vendor was authorized to contract for the work so as to create a lien upon it superior to the title of the vendee, under Rem. Code, § 1156, relating to such liens and providing that the person in possession under an agreement to purchase shall be deemed the owner; and this whether the vendor be regarded as'the person in actual possession or as agent of the vendee who was in constructive possession.</p> <p>Same — Lien — Notice — Filing — Foreclosure — Jurisdiction —Venue. Where a motor truck was kept in K. county while work was being done upon it until its delivery to the purchaser, who removed it to S. county, and within six days a lien notice for the work was filed in good faith in K. county, as the county wherein it was kept, under Rem. Code, § 1155, and it was actually seized in K. county a few days later in proceedings to foreclose the lien, and the owner removed the foreclosure proceedings to the superior court for K. county, after which the lien claimant filed a notice of lien in S. county, the lien notices are sufficient and the superior court of K. county had jurisdiction of the lien foreclosure, under Rem. Code, § 1157, authorizing foreclosure in the county “in which the property is situated,” where there was no demand for a removal of the trial to S. county; in view of Rem. Code, §§ 204, 208, providing that actions involving possession or title to personal property may be commenced in the county wherein it is situated, and if not commenced in the proper county, may be tried therein unless demand is made that the trial be had in the proper county.</p> <p>Sales—Conditional Sales—Title and Payment of Price. As between the parties, the purchase price of a truck was fully paid and the title passe