Spence

The defendant, as sheriff of the county of Sutter, levied upon certain personal property under a writ of attachment, issued out of the superior court in an action therein against the plaintiff, and afterward sold the property under a writ of executon issued upon a judgment in said action. After the property had been seized by the defendant the plaintiff demanded the same from him, upon the ground that it was exempt from execution, and, upon the refusal of the defendant to surrender it, brought the present action. The case was tried by the court without a jury, and judgment rendered in favor of the defendant. From this judgment the present appeal has been taken, and is presented here upon the judgment-roll alone, without a bill of exceptions, and is urged upon the ground that the findings of fact do not support the judgment.

At the time the defendant seized the property described in the judgment he also took certain other property, consisting of farming utensils, which, upon the plaintiff’s claim that they were exempt from seizure, he released and returned to him. The court finds that the property so released was sufficient in quan *538 tity and kind to properly cultivate and farm…