French

This is an action in conversion, brought to recover the value of two horses, a wagon and harness, and a bread-box.

The property was taken and sold by defendant, as constable, under an execution against plaintiff and his wife; plaintiff demanded a return of the property as exempt from execution under subdivision 6 of section 690, Code of Civil Procedure, claiming that as a peddler of bread he habitually earned his living by the use of said property. This is an appeal by defendant from the judgment and order denying his motion for a new trial. It is the second appeal to this court, the former decision being found in 83 Cal. 194 . Plaintiff bases his claims for exemption upon his status as a peddler of bread. In the list of property allowed peddlers by statute as exempt from execution, we find no article answering in name or use to a bread-box, and a debtor’s claims are limited by the words of the statute. Upon an inspection of the record in the previous appeal, we find no material difference in the evidence there and that which is now before us, upon the matter of the ratification by *277 plaintiff of the sale by the officer, and the former decision upon that point establishes the…