Bedwell v. Board of Trustees of Firemens Pension Fund

On the morning of June 9, 1949, plaintiff phoned Fleenor giving instructions to make certain minor repairs on the car demanded by the purchaser; a carbon copy of the repair order made by the shop foreman dated June 9, 1949, wherein plaintiff was listed as the owner of the automobile, was introduced in evidence, showing in detail the repairs to be made on the car at a total cost of $9.52. June 11, 1949, defendant in error Charles Foster, sheriff of Arapahoe county, while the car was still in the repair shop, seized and levied upon it under an execution issued upon a judgment held by defendant Morris against Fleenors, Inc., and Otis O. Fleenor, and removed the auto from the repair shop. At the time of the levy, there were present, in addition to the sheriff, defendant in error David Morris, and Otis O. Fleenor. The latter testified that at the time of the seizure of the automobile, he told defendants in error that the car did not belong to him or to his company, but that it belonged to plaintiff, and that it was in his shop for repair. The truth of this testimony was admitted by Foster, on the witness stand.