Higgins

This is an appeal from a judgment in favor of the plaintiff Sarah A. Higgins against defendant Fred M. Jennings, sheriff of San Diego County, in an action in claim and delivery and by which said plaintiff was decreed to be entitled to the possession of a certain promissory note for nine thousand six hundred dollars, together with a mortgage on real property given to secure its payment, which the defendant as such sheriff had taken into his possession as the property of one B. B. Higgins, husband of said plaintiff, under an attachment issued in an action pending against him.

The facts of the case are very fully found by the court and may be briefly summarized as .follows: In the year 1904 Sarah A. Higgins married said B. B. Higgins, who at the time was a widower with two young children, and the owner of and living upon a ranch in said county, upon which there was a mortgage for two thousand dollars.. She had been his housekeeper for two years, and there was due to her from Higgins some three or four hundred dollars as unpaid wages. She was also the owner of five acres of land, with a few head of cattle and other personal property, including two or three hundred dollars in cash..…