Ross

Plaintiffs brought this action against defendants to recover damages alleged to have been sustained by reason of the breaking of branches and fruitspurs on certain cherry trees on plaintiffs’ property. The court found against the plaintiffs and gave judgment for defendants, from which plaintiffs prosecute this appeal, urging as their main ground “that the evidence does not support the decision”.

The evidence showed that one of the defendants was a deputy sheriff and that the others were men engaged by the sheriff to pick a crop of cherries from the trees of the plaintiffs for the purpose of satisfying an execution against the plaintiffs. There was a substantial conflict in the evidence as to whether or not the picking had been done in such a manner as to injure the branches and fruitspurs of the trees. The trial court’s finding in favor of the defendants on that issue, therefore, cannot be disturbed.

Plaintiffs contend, however, that since the property was covered by a declaration of homestead, the only way it could have been reached for the satisfaction of an execution was by proceedings under Civil Code, section 1245 et seq., that since such procedure was not followed the…