Burke

This is an appeal by the defendant from a judgment in favor of the plaintiff in an action for damages for malicious prosecution.

Appellant, W. A. Watts, owned the Virginia Apartments, in the city of San Diego, which he leased to one Mrs. Hannah F. Johnstone, who, on December 28, 1917, purchased the furnishings from the former lessees of the premises, Augusta Svedin and Olaf Svedin, her husband. On March 14", 1919, respondent, Peter Burke, an auctioneer, purchased the furnishings from Mrs. Johnstone, the consideration being certain lands in Canada which he owned, and the sum of five hundred dollars. Mrs. Johnstone also assigned to re spondent the lease of the apartment house, which terminated on April 30, 1919. Among the furnishings were eight Holmes disappearing beds, valued at about two hundred dollars, which it appears both appellant and respondent claimed—appellant as a part of the realty and respondent as a part of the furnishings conveyed to him by Mrs. John-stone. On April 27, 1919, respondent conducted an auction sale of the furnishings on the premises and disposed of a portion thereof. The part remaining included the Holmes disappearing beds, which respondent, two days…