Culley

Plaintiff instituted this action to recover from the defendant, Constable of Westmoreland Township, Imperial County, the value of 24 tons of hay which it was alleged the plaintiff owned and the defendant had wrongfully converted. Defendant’s answer denied that plaintiff owned the hay and that defendant had taken it from plaintiff’s possession. Trial of the action resulted in the rendition of a judgment in plaintiff’s favor from which this appeal has been taken.

Appellant presents three contentions in his effort to secure reversal of the judgment. These contentions are: First, that a certain written instrument received in evidence during the trial of the action is a lease contract; second, that the evidence showed that appellant in taking the hay acted under written instructions to attach the same in another action and without knowledge that any one other than the defendant in the attachment action claimed to be the owner of the hay or entitled to its possession; third, that the evidence was insufficient to sustain the trial court’s finding that appellant converted 24 tons and 340 pounds of hay. It is apparent that all of the aforesaid contentions in effect resolve themselves into…