Burns

Plaintiff sued the defendant, who was at the time the sheriff of Los Angeles County, to recover as damages the sum of $1,950, alleged to have been the value of a certain automobile taken and sold by the sheriff under a writ of execution in a suit of one Garstang v. Guy Posson. The findings and judgment were in favor of the defendant and against the plaintiff, the latter being a third-party claimant. The appeal is from the judgment and is presented under the alternative method.

From the findings of fact it appears that on the first day of October, 1912, Guy Posson became a debtor of Garstang, and in December of the same year suit was brought by Garstang and judgment recovered therein for the sum of $450, with costs against Posson; that execution was thereafter issued and a sale made of the automobile for the benefit of the judgment creditor, by which act the plaintiff here asserts a conversion was worked of his property. There is really but one question in the ease for this court to determine, and that is as to whether under the evidence submitted the court was justified in the making of the finding that Posson was the owner of the automobile and that the plaintiff Burns acquired…