Morgan

This is an action to recover damages for the conversion by defendant of certain personal property, upon which the plaintiff held mortgages.

The case was tried by a jury, and a general verdict was rendered in favor of plaintiff for the sum of $449.90, but by reason of a special finding of the jury the trial court held that the general verdict was overcome, and judgment was entered for defendant.

The defendant is the sheriff of Monterey county, and the alleged conversion arose in the manner following: Prior to and' on January 15, 1907, D. T. Van Lue was the owner of a number of horses upon which Worthington Parsons held a mortgage, and upon which there was due the sum of $449.90, and on the last-named date, by agreement with the said Van Lue, the plaintiff advanced that sum of money and satisfied Parson’s mortgage, and plaintiff accepted from Van Lue a new mortgage for the sum of $1,000.

According to the testimony of the plaintiff and Van Lue, this mortgage was to secure the payment of the amount advanced in liquidation of the Parsons mortgage, also an indebtedness of $115 owing by Van Lue to plaintiff for goods sold and delivered and for money advanced in the sum of forty…