People v. One 1953 Ford Victoria Motor B3PV 102617

311 P.2d 480, 48 Cal. 2d 595, 1957 Cal. LEXIS 209
CourtCalifornia Supreme Court
DecidedMay 24, 1957
DocketS. F. 19686
StatusPublished
Cited by15 cases

This text of 311 P.2d 480 (People v. One 1953 Ford Victoria Motor B3PV 102617) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. One 1953 Ford Victoria Motor B3PV 102617, 311 P.2d 480, 48 Cal. 2d 595, 1957 Cal. LEXIS 209 (Cal. 1957).

Opinions

TRAYNOR, J.

In this proceeding to forfeit an automobile for an unlawful transportation of narcotics (Health & Saf. Code, §§ 11610-11629) the facts are undisputed.

On June 10, 1953, Willie Smith purchased the automobile from a dealer in Bexar County, Texas. Smith executed a note for the unpaid balance of the purchase price and gave the dealer a chattel mortgage on the automobile to secure payment. On the same day, the dealer assigned the note and mortgage to respondent, a Texas corporation engaged in the business of financing the sales of automobiles.

The mortgage prohibited the mortgagor from removing the automobile from Bexar County without the written consent of the mortgagee. In violation of this prohibition and without the knowledge of respondent, Smith brought the automobile to California.

On September 23, 1954, Smith used the automobile in California to transport marihuana, and the automobile was seized. (Health & Saf. Code, § 11611.,) On March 1, 1955, the attorney general filed a notice of seizure and intended forfeiture. (Health & Saf. Code, § 11612.) Respondent answered, asserting its mortgage.

[597]*597The hearing disclosed that Texas has no law providing for the forfeiture of automobiles used in the unlawful transportation of narcotics; that at the time respondent accepted the assignment of the note and mortgage it had no information that would place it on notice that the vehicle was to be used unlawfully; and that respondent made no investigation of Smith’s moral responsibility, character, and reputation. (See Health & Saf. Code,' § 11620, infra.)

The trial court concluded 1 [t] hat the validity and effect of the lien of . . . [respondent] ... is governed by the laws of the State of Texas, which do not require an investigation of the moral responsibility, character and reputation of the purchaser,” and entered judgment providing that the automobile be forfeited to the state of California subject to respondent’s lien for the unpaid balance of the purchase price, $722.84. The People appeal from the part of the judgment recognizing respondent’s lien.

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People v. One 1953 Ford Victoria Motor B3PV 102617
311 P.2d 480 (California Supreme Court, 1957)

Cite This Page — Counsel Stack

Bluebook (online)
311 P.2d 480, 48 Cal. 2d 595, 1957 Cal. LEXIS 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-one-1953-ford-victoria-motor-b3pv-102617-cal-1957.