Ross

In this case plaintiffs J. Edgar Ross and Anna M. Ross, his wife, brought a suit against C. A. Sweeters, then sheriff of Riverside County, and Thomas B. Busby and Eleanor S. Birkhauser, sureties on an indemnity bond executed to the sheriff in connection with the levy of the execution which is the subject of controversy in this action. The execution was issued out of the Superior Court of Imperial County and was in favor of Frank Birkhauser and against J. Edgar Ross only and was levied on the seventeenth day of June, 1927, by L. J. Tobias, a deputy sheriff of Riverside County, over the protests and objections of plaintiff J. Edgar Ross. The execution was actually levied upon some cherries which were still on the trees and on the 23d or 24th of June were turned over to the constable of Beaumont township by the deputy sheriff when a demand was made in a claim and delivery action against the defendant sheriff instituted by the plaintiff J. Edgar Ross. The defendant bondsmen appeared in the action and answered the complaint but did not appear at the trial to defend the action. The only brief filed by respondents on the appeal is the brief of C. A. Sweeters. The plaintiffs in their…