Eistrat

This is an appeal from a judgment for the defendant in an action for damages for the conversion of lumber taken from the plaintiff’s property in Tulare County. The trial court held that the action was barred by the statute of limitations and the propriety of that ruling is the principal question for determination on the appeal.

On June 24,1949, one Tom G. Jones filed a petition in bankruptcy in the United States District Court under chapter XI of the Bankruptcy Act. He claimed title to certain lumber and the right to operate a sawmill on the plaintiff’s property free from interference by the plaintiff. He obtained an order from the referee in bankruptcy which provided as follows: “ [A] 11 persons be, and they hereby are, enjoined and stayed until final decree herein, from commencing or continuing any suit against Tom G. Jones, doing business as Jones Mill and Lumber Company, the above named debtor and the said Thomas. Eistrat is further restrained and enjoined from interfering with the debtor in the possession of his property and in the operation of the debtor’s mill and lumber business.”

On July 15, 1949, the plaintiff’s motion to dissolve the restraining order was denied but a…