Duarte

This is an action against the defendants Vincent, as principal, and Joe Rose Duarte and Gonzales, as sureties, on a bond executed and given by said defendants as indemnity to the sheriff of Merced County on a sale of certain personal property seized by said officer under a writ of attachment.

The plaintiff, a corporation, is and was, at all the times mentioned in the complaint, engaged in a general guaranty and surety business, and at all said times one S. C. Cornell was sheriff of said county of Merced; that the plaintiff was at all said times and down to the date of the death of said Cornell, on the twenty-seventh day of May, 1914, the surety on the official bond of said Cornell as sheriff of said county.

It appears that the writ of attachment referred to was issued out of a justice’s court in said county, in an action wherein the defendant Vincent was plaintiff and one Frank Duarte defendant, and that, on the twenty-sixth day of February, 1912, at Atwater, in said county, said Cornell, acting in his official capacity of sheriff, levied upon and attached a certain carload of sweet potatoes as the property of said Frank Duarte, and noticed the sale thereof for the twenty-eighth…