Jasper

This is an appeal from a judgment and from an order denying a new trial.

The action was brought to foreclose a chattel mortgage executed by the defendant Presley on January 3, 1912, on personal property situate in the Empire Hotel in the city and county of San Francisco. The appellant was made defendant in the action under allegations in the complaint to the effect that it claimed some interest in the mortgaged property. The facts of the case pertinent to the point presented here briefly are these: On the seventeenth day of April, 1911, the appellant was the owner of all the personal property then contained in the Empire Hotel. On that date, the defendant, Presley, entered into possession of the Empire Hotel and the personal property contained therein, under a written agreement- with the appellant, and continued in its actual and exclusive possession thence until the twelfth day of August, 1912, or thereabouts; and by the terms of another agreement entered into on the same date, Presley agreed with the appellant to purchase certain additional furnishings for the hotel to the value of three thousand five hundred dollars, the appellant agreeing to purchase them in turn from the…