Howell

This was an action to recover certain personal property claimed by the plaintiff to be exempt from execution as farming property, under section 690 of the Code of Civil Procedure. The plaintiff was in debt to the Bank of Tehama County for over $5,000. The bank sued and attached this property, consisting of two horses, harness, spring wagon, grain wagon, four gang plows, three single plows, two harrows, a combined harvester, one hay rake, two hay racks, two mowers, two cultivators, one fanning mill, one Jackson derrick fork, two cows and their sucking calves, and four large pork hogs; all of said property being worth the sum of $1,000. Judgment was for the bank in that case, and defendant then brought this action against Boyd, the sheriff, holding the property. The judgment was for the defendant, and this appeal is from the judgment and order denying a motion for a new trial.

The lower court found that the plaintiff was the owner of the property, but was not in possession of it when attached, and was not entitled to the possession. That plaintiff was not a farmer on September 7, 1904, when the property was attached, and that it was not exempt from execution. The demand for the…