Parks

This is an action to recover twenty head of horses, or the sum of one thousand dollars, their value. The defendant is the Sheriff of Yolo County, and took the property on the 10th of August, 1877, under and by virtue of an execution against one’ ■Lambert, and in favor of one Asberry. The plaintiff claimed title under an alleged sale from Lambert to him on the 23rd of July, 1877, which sale was claimed by the defendant to be void for want of an immediate delivery, or any actual or continued change of possession of the property.

On the trial, evidence was introduced tending to show this state of facts: Lambert, the former owner of the horses, was the owner of a farm in Yolo County, on which the horses were kept. Up to the 10th of May, 1877, he was living on the farm, and one Crum was working for him. About that time Lambert left the ranch, and did not live there afterward; but he and his sons continued to go there occasionally to look after the stock. Gram continued to make the ranch his headquarters, although he was absent from time to time. He testified at the trial that he did not work for Lambert after May 10th. The plaintiff, who resides in Napa County, testified that he went…