Claudius

— The plaintiff brought this action against the sheriff of the county of Los Angeles, to recover the possession of certain personal property which had been levied on by him under a writ of attachment issued in an action against the plaintiff’s vendor, and at the time of issuing the summons made' the statutory claim therefor, under which the property was taken from the defendant and delivered to him. Upon the trial of the cause the court rendered judgment in favor of the plaintiff for' the possession of the property, together with damages for its detention, but made no finding as to its value. From this judgment, and an order denying a new trial, the defendant has appealed, upon the grounds that the transfer of the personal property to the plaintiff from his vendor was fraudulent, inasmuch as it was not accompanied by an immediate change of possession; and that the judgment as entered is erroneous, for the reason that it does not provide for a recovery of the value of the property in case a delivery cannot be had.

*503 1. Section 3440 of the Civil Code declares that “ every transfer of personal property .... is conclusively presumed, if made by a person having at the time the…