Levy

Appeals from the judgment and from the order denying plaintiff a new trial. The action was for the recovery of certain property, or for the value thereof, levied upon and sold by the defendant, the sheriff of Fresno county, under a judgment obtained by the Sussex Shoe Company, a corporation, against Henry Brack. The judgment in favor of defendant Scott was rendered under and in accordance with the verdict of the jury.

Plaintiff claimed as owner. Defendant’s contention was that the property belonged to Henry Brack; that plaintiff’s claim of ownership was simulated and invalid, and that, in any event, his claim of title was void against the Sussex Shoe Company, an attaching creditor of Henry Brack, for that the sale of the property by which plaintiff obtained title thereto was not followed by an immediate and continued change of possession, but that Brack, the original owner, continued in possession and control of it.

Appellant claims that the verdict of the jury is against the law and the evidence, and that the evidence, uncontradicted, shows that he was the bona fide owner of the property.

After a painstaking and careful review of the evidence, we have been unable to discern…