Humphreys

The complaint charges that on the 18th day of November, 1878, the plaintiff was, and for a long time prior thereto had been, the owner, and in possession of a certain lot of stock—cattle and calves. That on the day mentioned, in the County of Sutter, the defendant wrongfully took the property from the possession of the plaintiff, and still unlawfully detains the same, to plaintiff’s damage, etc. Answering the complaint, the defendant averred that at the time therein mentioned he was Sheriff of Sutter County; that on the 16th day of October, 1878, one Ashford recovered judgment in the Tenth District Court against one W. F. Nelson for a certain sum of money, which judgment was on the same day entered of record, and duly docketed ; that afterward, and on said 16th of November —no part of the judgment having been paid—Ashford caused an execution to be duly issued upon the judgment, and directed and delivered to the defendant; “ that in obedience to the commands of said execution, this defendant, as such Sheriff, on the 18th day of November, 1878, seized upon and took into his pos *284 session the cattle and calves in the complaint mentioned, and levied the said execution upon the…