Chico Tractor, Inc. v. Coyle

Plaintiff, a creditor o£ Bainhridge, had in its possession a used forklift, or forklift tractor, which Bainhridge had consigned to it for sale. Plaintiff brought suit against Bainbridge and on September 16, 1959, levied an attachment on the forklift. After a default judgment plaintiff on January 25, 1960, levied execution on the forklift. Robert Coyle then filed a third party claim, asserting his own title to the forklift. After hearing evidence, the trial court, referring to Coyle and one Robert E. Smith as “claimants,” found that these claimants were the owners of the forklift and ordered…