Gray

This is an appeal from a judgment against the plaintiff in a suit for conversion of an equitable interest in 500 swarms of bees.

The defendant Craig was the owner of 500 swarms of bees and certain equipment Which was used to extract the honey produced thereby. May 15, 1928, Craig and the plaintiff executed a conditional contract of sale and lease of said property by the terms of which the plaintiff took possession and care of said bees and equipment upon an agreement to purchase the property for a consideration of $4,000, to be liquidated within a reasonable time by paying to the vendor one-half of the proceeds from the sale of the honey and wax produced. Pursuant to this contract the plaintiff took possession of the bees and equipment and removed them to San Joaquin County and proceeded to care for them. August 18, 1928, the defendant Craig obtained a judgment for $299 against the plaintiff in a justice's court of Kern County, which remained unsatisfied. August 20, 1928, the defendant Craig procured a purported execution from said justice’s court and placed it in the hands of the defendant Riecks, as sheriff of San Joaquin County, for service. The sheriff promptly levied upon…