Warwick

The plaintiff brought this action to recover damages for conversion of certain personal property of plaintiff by the defendants Macehiaroli and Mrs. Brooke. The appeal from the judgment is by Macehiaroli alone.

The facts hereinafter set forth are either established without conflict, or, where the evidence is conflicting, are stated most strongly in favor of respondent. In June, 1924, respondent was in possession of an apartment house in the city of Los Angeles under a lease which had been made by appellant, who owned the real property only. This lease had been made by appellant to one Tolleson, and had passed by various transfers to the respondent Warwick. Defendant Mrs. Brooke had been one of the intermediate owners of the lease. At the time of the transactions now in question, respondent owned the furnishings of the house, subject to a mortgage owned by defendant Mrs. Brooke, and on the mortgage indebtedness there was money due and unpaid. The terms of the lease are not in the record. The lease was offered in evidence, but was excluded upon the ground, as stated in the objections of respondent’s counsel, that the leasehold interest in the premises was not in controversy in this…