Mosgrove

Action to recover the possession of certain personal property. Plaintiff claimed and obtained the delivery of the property to him as provided in chapter II., title VII. of the Code of Civil Procedure. The defendant, in his answer, denies that plaintiff is. the owner, or ever was in the possession or entitled to the possession, of said personal property, and alleges that he, *163 defendant, as sheriff of the county of Orange, duly levied upon and attached said property, under and by virtue of a writ of attachment duly issued out of the superior court of said county, in an action wherein the Commercial Bank of Santa Ana was plaintiff, and John Leberry and Claude E. Weber were defendants. The court found that on the first day of March, 1890, John Leberry was the sole owner of all the personal property described in the complaint, and that on the fifth day of March, 1890, he sold said property to the plaintiff for a valuable consideration; “ that such sale was not followed by an immediate or any delivery of said property to said plaintiff, and was not followed by an actual and continued change of possession, or any change of possession whatsoever, but that the possession of said…