Schloss v. Stringer

Citations

• 113 Wash. 529
• 194 P. 577
• 1920 Wash. LEXIS 875

Syllabus

<p>Attachment (50) — Execution (35-1)- — Claims by Third Persons — Proceedings—Pleading and Proof. Upon a third party’s claim to property levied upon under execution, it is not necessary for the sheriff and execution creditor to establish the integrity of the judgment, in the absence of any attack upon it by the claimant; nor is it necessary for the sheriff to make a return of the levy and seizure or a return of the execution.</p> <p>Fraudulent Conveyances (40) —Retention of Possession — Statutes — Recording Bill of Sale. Where a bill of sale of an automobile was delivered but never recorded and there was no change of possession, the same was ineffectual as against the levy of execution against the vendor, under Rem. Code, § 5291, providing that no bill of sale shall be valid as against existing creditors of the vendor, where the property is left in his possession, unless the bill of sale is recorded in the auditor’s office within ten days after such sale is made.</p> <p>Same. Where a completed sale was made October 2d and the bill of sale was then delivered but not recorded, a second bill of sale, executed October 2d, but not delivered until October 17, was ineffectual to prevent the running of the ten-day period after the sale, provided by Rem. Code, § 5291, for recording the same in the auditor’s office.</p>