Etchepare

Action to recover the possession of personal property or the value thereof, commonly called. “ claim and delivery of personal property.”

The defendant, as sheriff of Los Angeles County, seized the property in question by virtue of a writ of attachment as the property of the defendant in the attachment suit, from whom the plaintiff claims to have purchased it before the levy of the attachment. It is alleged in the answer of the defendant that the sale of the property to plaintiff was fraudulent and void as to the creditors of the defendant in attachment, and this was the principal issue tried. The property was delivered to the plaintiff pursuant to section 514 of the Code of Civil Procedure, as a return thereof to the defendant was not required.

The trial was by jury, whose verdict was as follows: “ We, the jury in the above-entitled action, find for the defendant, and fix the value of the property at fifteen hundred dollars.”

Whereupon it was adjudged by the court “ that said defendant have and recover from said M. Etchepare, the plaintiff herein, the sum of fifteen hundred dollars, or the return of the property described in the complaint herein, and his costs.”

The plaintiff…