Erving

The plaintiff instituted this action in claim and delivery against the defendant for the recovery of the possession of certain personal property, described in the com plaint, and alleged to be of the value of $6,000. Said property was situated in a certain building in the city of Napa, and consists of certain machinery and mechanical equipments which were used by the defendant in the manufacture of beer. The complaint alleges that, on the seventeenth day of September, 1910, and at the time of the filing of the complaint, the plaintiff was the owner and entitled to the possession of said personal property; alleges the wrongful possession and the wrongful withholding of the possession of said property by defendant from plaintiff; that, prior to the commencement of this action, the plaintiff demanded the return of the possession of said property, but that said “defendant refused, and still refuses, to deliver said personal property, or any part thereof, to this plaintiff.” Plaintiff asks that he be awarded judgment restoring to him the possession of said property, or for the sum of $6,000, the alleged value thereof, in case delivery cannot be had.

The defendant, by its answer,…