Fox

This is an action in claim and delivery brought by plaintiff to recover a certain trunk and its contents, in possession of the defendants, of which plaintiff claimed to be the owner. The defendants, answering, alleged that they came into possession of the property as lodging-house keepers, and that they detained it by virtue of a lien, given to them as such by the provisions of section 1861 of the Civil Code, as security for the payment of the sum of $13.60 claimed to be due to them from plaintiff.

The case went to trial, and the plaintiff recovered judgment for the return of the property, or its value in case its return could not be had, the value being found by the court to be $750. Defendants appeal.

It appears that the plaintiff occupied three rooms, paying therefor $55 per month, in the certain premises conducted by the defendants known as the Windemere Hotel Apartments; that he quit possession of his rooms owing to the defendants the sum of $13.60, and the latter refused to allow him to remove the personal property in question from the premises, claiming, as above indicated, that they had a lien thereon to secure payment of the amount due them. Plaintiff offered testimony…