Martin

—This action was brought to enjoin the defendant from selling, as sheriff, certain personal property, alleged to' belong to plaintiff, under an execution issued against the property of one John McKee. The defendant justified under said execution, and alleged that the property in question belonged to said John McKee at the time it was seized by defendant. The ease was tried without a jury, plaintiff had judgment, and the defendant appeals from the same and from an order denying his motion for a. new trial.

It is admitted that John McKee was the owner of the property for years, hut respondent contends that it owns the property by virtue of a sale of the same by J ohn McKee to it, which sale is evidenced by a hill of sale dated April 27, 1898, and introduced in evidence by plaintiff at the trial of the ease. Appellant contends that such sale was void as to creditors of J ohn McKee, under the provisions of section 3440 of the Civil Code, because the same was not accompanied by an immediate or any delivery nor followed by an actual and continued change of possession. This is the only question discussed on this appeal. The evidence on this question is as follows: For at least nine…