Nichol

This is an action to recover damages for the conversion of certain personal property constituting the stock and fixtures of a restaurant in the city of San Francisco.

At the time of the alleged conversion defendant was the sheriff of the city and county of San Francisco, and took the said property under a writ of attachment issued in an action commenced against J. P. Dockery by one of his creditors, and subsequently sold the same under a writ of execution.

The plaintiff claimed ownership of the property under and by virtue of a bill of sale thereof made to him by J. P. Dockery, the then owner, on September 14, 1890, and certain acts of possession thereafter; and the defendant justified the taking upon the ground that the sale was void as to the attaching creditor, because: 1. The bill of sale was made by Dockery, and accepted by the plaintiff with intent to hinder, delay, and defraud his, Dockery’s, creditors; and 2. The transfer was not accompanied by such an immediate delivery and followed by such actual and continued change of possession as was required by law.

The case was tried before a jury, and the verdict and judgment were in favor of defendant. The plaintiff moved for…