Calkins

This is an action against defendant Howard, and the sureties on his official bond as sheriff of Siskiyou county, to recover certain personal property or the value thereof. The plaintiff had judgment, and from such judgment and the order denying their motion for a new trial, defendants appeal. The appeal from the judgment was not taken within six months, and hence it must be dismissed. (Michelson v. Fish, 1 Cal. App. 116 , [ 81 Pac. 661 ].) The defendant sheriff holds the property by virtue of an execution issued in a case entitled G. W. Small v. W. H. Hubbard. In that case Small recovered a judgment foreclosing a mortgage, the amount found due being $453.50. The mortgaged property was sold pursuant to this judg-' ment, and on August 10, 1903, a deficiency judgment for the sum of $242.62 was docketed. Two weeks later an execution was issued on said deficiency judgment, and the de fendant sheriff levied the same by seizing the property here in dispute. This property comprised the stock in trade and fixtures of a saloon conducted by Hubbard, who sold it to plaintiff in bulk on July 15, 1903. Plaintiff took possession of the same, and while he was so in possession the property was…