Ervay

This is an appeal by plaintiff, on the judgment-roll alone, from a judgment in its favor decreeing that defendants, or any of them, were not the owners of that certain personal property to recover which, together with damages for withholding same, this action is brought; and further decreeing that plaintiff have judgment against all the defendants, except Ervay, for five hundred dollars, rental value for the use of the property.

[1] While the suit was pending the property in question was delivered to the plaintiff under the provisions of section 509 et seq. of the Code of Civil Procedure. It is alleged in the complaint “that on or about the eighteenth day of March, A. D. 1915, the defendant J. E. Ervay forcibly, wrongfully, and unlawfully entered in and upon said premises and took possession of the same, together with all the personal property hereinafter set forth,” and that “said defendants still unlawfully withhold and detain said property.” The defendants by their answer deny that they took possession as alleged, or that “they are still unlawfully withholding or unlawfully detaining said property,” which, as a matter of law, is an admission of possession of the property at…