Hart

This action was brought by the plaintiff, Nancy J. Hart, to recover of the defendant, as the sheriff of Fresno County, certain cattle alleged by the plaintiff to be her property and wrongfully taken on an execution against her father, A. W. Bolton, or the value thereof.

The cause was tried before a jury, who found a verdict for the plaintiff for the recovery of twenty-three head of cattle, or for the sum of $575 if recovery of the property in dispute could not be had. Judgment thereupon followed.

Upon motion, the court granted a new trial conditionally, that is, unless the plaintiff would consent to a modification and reduction of the judgment to the sum of $414; which consent, as required, being given, and the modification made, a new trial was not awarded. From the order made in the premises, and from the judgment, the defendant has appealed.

The contention of the defendant is in the main that,— 1. The evidence did not justify the jury in finding the sale of the cattle in dispute to the plaintiff from her father, A. W. Bolton, the judgment debtor, to be bona fide, under the provisions of section 3439 of the Civil Code; and 2. That, supposing the sale to have been shown to be…