Doty

Action to recover the possession of personal property, or the value thereof. Trial by jury. Verdict and judgment for plaintiff. Defendant appeals from the judgment, and from an order denying his motion for a new trial.

The property consists of live-stock,—principally dairy cows,—which plaintiff claims to have purchased from his father, B. F. Doty. The defendant, as sheriff of San Luis Obispo County, took the property by virtue of an execution against B. F. Doty, and his defense to the action is, that the property in question was the property of B. F. Doty, and subject to the execution by virtue of which he took it.

1. Counsel for appellant claim that the evidence was ■ insufficient to prove that the sale of the property from B. F. Doty to the plaintiff was accompanied by an immediate delivery, or followed by an actual and continued *246 change of possession; and that it was therefore void as against the creditors of B. F. Doty.

The only evidence as to immediate delivery and change of possession is the testimony of plaintiff and B. F. Doty; and their testimony not only tends to prove, but if true is sufficient to prove, an immediate delivery, followed by an actual and continued…