McCoy

In an action prosecuted by the Chicago Lumber Company against Leal & Sons Lumber Company, a writ of attachment was duly issued and placed in the hands of the defendant, who, pursuant to the authority thereof, seized certain lumber claimed by and in the possession of the plaintiff herein. Judgment in that action was rendered in favor of the plaintiff therein and the defendant herein sold the lumber to satisfy the judgment. This action was thereafter commenced to recover the value of the lumber so sold. Judgment was entered in favor of the plaintiff, and the defendant has appealed.

There is evidence to show the following facts: Leal & Sons Lumber Company is a copartnership, composed of Manuel Leal and his sons George and Edward, and was engaged, at the times herein mentioned, in the business of operating a sawmill at Brownsville, Yuba County, and selling the output of the mill. In the early part of the year 1924 the company was indebted in the sum of more than $20,000 to the Rideout Branch of the Bank of Italy. It was also indebted to the Chicago Lumber Company and probably to others. The plaintiff owned and was operating a lumberyard in Marysville, where it had been engaged for…