Winne v. Ford

An action in conversion brought by the mortgagee of an automobile against a constable by whom the automobile was levied upon and sold under an execution.

The complaint, among other averments, alleged the execution of the mortgage by the owner of the car, one S. M. Eksoozian, and that the mortgage was unpaid; that the defendant failed to tender or deposit the amount of the mortgage debt, and that no verified statement or bond, as required by section 2969 of the Civil Code, was presented or furnished before the levy and sale. With the exceptions of the allegations of a failure to tender or…