Price

This is an appeal by the plaintiff from a judgment in favor of the defendants upon the pleadings. The complaint in the action alleges that on and prior to the eleventh day of February, 1926, the plaintiff was the owner of certain real property situate in the county of Los Angeles, particularly described in the complaint; that said property was, at the date mentioned and at the date of the beginning of this action, of the value of $11,500, encumbered to the amount of $2,638, secured by a deed of trust payable on the seventeenth day of March, 1926; that on the eleventh day of February, 1926, the said defendants caused to be issued out of the Superior Court of the county of Los Angeles an execution in an action entitled “W. C. Price v. John P. Hight et al.,” and that acting under and by virtue of said writ of execution and under the instructions of said defendants as to.what property to levy upon, the sheriff of the county of Los Angeles did, on the thirteenth day of February, 1926, wrongfully and without right so to do, levy upon the property hereinbefore referred to; that at the time of the levy upon said property the plaintiff was negotiating for a loan of sufficient amount to…