Robinson

This appeal is taken from an order denying a motion made in the superior court by defendant T. A. Baker for a new trial after an adverse judgment had been entered against him.

At the times material to this controversy Baker was sheriff •of the county of Kern. As such sheriff there had been placed in his hands a writ of attachment in an action brought by this plaintiff, Robinson, against one Valentine. Acting under ■ written direction of Robinson’s attorney, Baker caused a levy to be made upon certain real estate standing in the name of Valentine. It appears that at the time this attachment was levied negotiations were pending for the sale of the same real estate, and money had been deposited in escrow to an amount more than equaling the demand of Robinson in his suit against Valentine. The agent of the proposed purchasers discovered the existence of the lien of the attachment and made effort to have the property cleared. They interviewed Baker, the sheriff, and it was suggested that the real estate be released and the attachment be placed upon the money which had been deposited as before mentioned. Baker, after some talk with the attorney for Robinson, the plaintiff in the…