Roberts

The action is for the recovery of the possession or value of certain jewelry, precious and semiprecious and imitation stones, described in the complaint, the property of Emily A. Lucas, by her intrusted to plaintiff for sale on commission. Defendant, as sheriff, claims possession by virtue of a writ of attachment levied at the suit of one Trafton against S. E. Lucas and James H. Lucas, partners, as S. E. Lucas & Son. Defendant also alleged, in an amended answer, that the said S. E. Lucas & Son conveyed the property to Mrs. Lucas (the wife of S. E., and mother of James), for the purpose of defrauding their creditors and preventing the collection of their just obligations. The case was here once before, and at that time presented only the question as to whether there had been such delivery of possession as would satisfy the statute, and the judgment in favor of defendant was reversed. (Roberts v. Burr, 54 Pac. Rep. 849 , not officially reported.) At the second trial defendant amended his answer by alleging actual fraud, as above stated. Plaintiff had judgment, from which and from the order denying his motion for a new trial defendant appeals.

Defendant now contends that the…