Douglass

This action is brought by plaintiff against the defendant McFarland as constable, and the defendants Markle and Cameron as sureties on his official bond, to recover the possession of certain lots of redwood railroad ties and redwood shakes alleged to have been wrongfully and unlawfully seized and taken from .his possession by said McFarland, as constable, under and by virtue of certain writs of attachment and execution theretofore issued against the property of one Matt Harney, and by said McFarland wrongfully detained from the possession of plaintiff, or for the sum *657 of $689, the alleged value thereof, in case delivery could not be had.

The complaint contains allegations that plaintiff is entitled to the possession of the property, and of a demand, before the commencement of this action, upon McFarland by plaintiff for its delivery, and of his refusal to do so. The answer denies generally the allegations of the complaint, and for a further separate answer and defense justifies under a writ of execution. The case was tried by the court without a jury, and judgment given in favor of the plaintiff, against the defendants, for the recovery of the possession of the property in…