Montesano National Bank v. Graham

Citations

• 40 Wash. 490
• 82 P. 881
• 1905 Wash. LEXIS 1013

Syllabus

<p>Conversion — Action Against Sheriff — Title to Property Levied on — Contract—When Not a Conditional Sale — Notice to Execution Creditors — Findings — ’Evidence — Sufficiency. Iu au action for the conversion of sawlogs levied upon by a sheriff, in which the plaintiff claimed absolute ownership through a written contract from the judgment debtor, the fact that the contract was not filed as a chattel mortgage or as a conditional bill of sale, and was therefore void as to creditors, is immaterial, when the court finds, upon competent evidence, that the plaintiff was the absolute owner of the propeity, and the creditors became such after the execution of the contract and with notice thereof.</p>