Stockel

This is an appeal on the part of the interveners from that portion of a judgment in favor of plaintiff which declares that the defendant Elich was the owner of $1493.36, the proceeds of the sale of 2,000 ties, and that plaintiff’s attachment on said proceeds is valid.

For several years the interveners had been financing the defendant Elich in the manufacturing and sale of ties. The defendant Elich owned 40 acres of timber land in Humboldt County upon which he had been manufacturing ties. Elich was indebted to the interveners in the sum of $3,908.91 on account of ties previously manufactured on the said 40-acre tract. By a deed of conveyance duly executed and recorded June 4, 1928, Elich and his wife transferred to the interveners “all timber of every kind and character” which was situated on that tract of land. On that date, and as a part of the same transaction, Elich and the interveners' executed a written contract authorizing Elich to enter upon the premises and cut and manufacture into ties the timber situated thereon. This contract recited that the foregoing deed of conveyance was executed as “security for the payment of the said sum of $3,908.91”, together with such other…