Watson

It appears from the findings that the property in controversy was owned by J. D. Watson, the plaintiff’s father, and was in his possession; that in 1871 he gave a portion of it to the plaintiff, and within two years thereafter he sold another portion to him, but there was no delivery of the possession of any of the property until September, 1876, when the plaintiff removed the larger portion of it from the rancho of the plaintiff’s father to a rancho of which the plaintiff had the possession, that at that place the property was attached on the 4th day of October, 1876, by the defendant, acting as the Sheriff, under a writ issued in an action instituted by Paulsell against J. D. Watson, upon a promissory note made in 1874, becoming due on the first day of October, 1876. Judgment was thereafter rendered in that action in favor of Paulsell. The question presented for decision is, whether this property was liable to seizure under that attachment," as the property of J. D. Watson.

The Civil Code, sec. 3440, provides that “ every transfer of personal property other, etc., * * * is conclusively presumed, if made by a person having at the time the possession or control of the property,…