Brown

This is an action for money had and received. Defendants appeal from a judgment rendered for plaintiff.

In the year 1922 an action was commenced by Leota Howard, one of the defendants herein, to foreclose a chattel mortgage, in which action the plaintiff and respondent was one of the parties defendant. Judgment was rendered against the plaintiff herein as defendant in that action. Execution was issued thereon and under the said execution the sheriff of Los Angeles County levied upon the property of the plaintiff herein and collected the sum of $907, which sum, on December 20, 1922, was turned over to Harry Lyons as attorney for the plaintiff in said action. Lyons testified that all of said money was immediately paid by him to Leota Howard, one of the defendants herein, except a sum not exceeding $100, which Lyons retained as his attorney’s fee. On January 5, 1923, upon stipulation of counsel in open court, it was ordered that the judgment in said cause be set aside and plaintiff therein given leave to file a supplemental complaint in said action. On January 6, 1923,, pursuant to the foregoing order, the court ordered the sheriff to release all property, money, or securities of…