Citizens Bank of Roseville v. Taggart
California Court of Appeal
191 Cal. Rptr. 729 (1983)
Facts
Richard Taggart (defendant) attempted to purchase a Cadillac from Braxton Motor Company (Braxton) in May 1982. Taggart paid the cash price of $15,864.30 by check and received the boon of the vehicle and a certificate of ownership. The check was returned for insufficient funds. Earlier, in 1980 and 1981, Citizens Bank of Roseville (Citizens Bank) (plaintiff) had issued two promissory notes totaling $20,000 to Taggart. Taggart defaulted, and Citizens Bank secured a judgment against him in a superior court. In September 1982, a writ of execution was issued on the judgment secured by Citizens Bank, and the county sheriff levied on the Cadillac registered to Taggart. There was no legal owner listed on the registration. That same month, Braxton filed a third-party claim in the initial suit brought by Citizens Bank, and a court awarded title of the Cadillac to Braxton, finding that Braxton, not Taggart, had title to the Cadillac when the September 1982 writ of execution was issued. Citizens Bank appealed.
Rule of Law
Issue
Holding and Reasoning (Carr, J.)
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