Shepherd

This appeal is from a judgment of the United States District Court for damages.

On the 25th day of February, 1949, the defendants in the instant action, appellants here, having instituted an action in the Superior Court of California for a money judgment against Julio A. Villasenor, ran a garnishment against the Belyea Truck Company as to a motor grader in the latter’s possession, claiming that Villasenor, defendant in the state case, owned some interest therein. Belyea answered in writing that it had the possession and control of the grader which belonged to Villasenor. In serving the garnishment the sheriff did not take physical possession of nor did he place a keeper in charge of the grader. The grader appears to have remained in Belyea’s yard without event as to it until May 9, 1949, when Constructora, S. A., a Mexican corporation, who later became plaintiff-appellee in the instant action, filed a “third party claim” in the state court with the sheriff claiming ownership to and right of possession of the grader, and the next day or the day following the sheriff demanded of Shepherd an undertaking to protect himself, but it was denied in writing the day following. On the same…