Ronning

This is an action to recover damages against the defendant as constable for an alleged wrongful conversion of property mortgaged to plaintiff.

The court gave judgment for plaintiff, from which, and an order denying his motion for a new trial, defendant prosecutes this appeal.

The complaint alleges the execution to plaintiff of a mortgage upon certain personal property, situated at Whittier, in Los Angeles county, by one George A. Gray, a resident of Riverside county; that the mortgage was recorded in Los Angeles county only; that defendant on May 15, 1909, converted the mortgaged property by levying upon and selling the same without paying or tendering to plaintiff the amount of the debt due to plaintiff, payment of which was secured by said mortgage; that the value of the mortgaged property so converted by defendant was the sum of $600. It was further alleged “that prior to the sale and conversion of the personal property herein referred to the plaintiff informed the defendant of the existence of said chattel mortgage and the claim of the plaintiff thereunder.”

Appellant contends that the court erred in overruling a general demurrer interposed to the complaint. This contention…