Thomas

This is an action to recover certain personal property (or its value), alleged to have been purchased by plaintiff from one Joaquin S. Serpa. Maria L. Serpa, former wife of said Joaquin, had obtained a divorce from the latter, and a judgment for $290, as costs, attorney’s fees, etc. On this judgment an execution had issued, and the original defendant, Ross (now deceased), as sheriff, had, under said execution, levied *224 on said personal property as the property of said Joaquin, when this action was commenced by plaintiff, and the property replevied from the sheriff. Defendant averred that the property was the property of said Joaquin, and that the attempted sale from Joaquin to plaintiff was fraudulent, and for the purpose of hindering and defrauding said Maria, etc. The verdict and judgment •were for defendant, and plaintiff appeals from the judgment, and from an order denying a new trial. In the mean time Ross died, and his administrator was substituted as defendant.

The respondent was allowed, over the objections of appellant, to prove by three different witnesses that when Joaquin Serpa was married to his wife Maria he had a loathsome private disease; that he married her…