Howe

Action of the nature of the common-law action of trover to recover damages for an alleged wrongful taking and conversion of personal property.

At the time of the alleged taking the defendant was sheriff of Mendocino county, and in his answer alleges that he was justified in taking the property by virtue of an execution issued to him on a judgment against Montgomery Howe (plaintiff’s father) in favor of Phoebe Blair, and denies that plaintiff was the owner of the property so taken, or entitled to the possession thereof.

The cause was tried by the court, whose judgment was in favor of plaintiff for the sum of fifteen hundred and twelve dollars, with interest and costs. Defendant appeals from the judgment and from an order denying his motion for a new trial.

The plaintiff claimed title to the property by an alleged sale thereof from her father, Montgomery Howe.

Appellant makes the point that the sale was fraudulent and void as against the creditors of Montgomery Howe, because not accompanied by an immediate delivery and followed by an actual and continued change of possession of the property, and that the finding to the contrary by the court is not justified by the evidence.

The…