McRae

This is an appeal by plaintiff from the order of the court 'sustaining defendant’s demurrer to plaintiff’s third amended complaint, and from the judgment against plaintiff entered thereon.

The action is for conversion, .for the taking from the possession of plaintiff certain personal property, which had been theretofore mortgaged to plaintiff by one E. A. Kosta to secure the sum of $1,500, loaned by plaintiff to Kosta, on the fifteenth day of January, 1902, to be repaid one month thereafter. By the condition of the mortgage, if Kosta made default in any payment, then plaintiff might take possession of the property. It is alleged that he did make default in such payment, and on the tenth day of April, 1902, plaintiff took possession of all of the mortgaged property. It is then alleged that “On the 11th day of April, 1902, and while plaintiff was justly in possession of said chattels and effects, the defendant, as sheriff as aforesaid, under a writ of attachment issued from the justice’s court of said city and county, in an action wherein one W. S. Morrow was plaintiff, and the said C.” (E?) “A. Kosta was defendant, levied on and seized all of the said chattels and effects included…