Shafer

Action to recover the value of certain jewelry, to wit, a diamond stud, an opal stud set with diamonds, and diamond ring. The pleadings are verified, and the answer is merely a specific denial of the allegations of the complaint. Judgment was given for the recovery of the possession of the property upon payment to defendant of three hundred and -forty-nine dollars and seventy-four cents, and costs of action twenty-one dollars. Plaintiff moved to set aside the judgment and to enter in lieu thereof an unconditional judgment in favor of plaintiff, on the ground that the conclusions of law were inconsistent with and not supported hy the findings of fact. The motion was denied. The appeal is from the judgment and from the order denying plaintiff’s said motion, and comes here on hill of exceptions.

The court found that plaintiff was the owner of the jewelry, being of the kind worn by men and of the value of four hundred dollars, and in 1890 “placed said property in the possession of one Dr. W. D. Johnson for safekeeping”; said Johnson, while in the possession of the property, in 1893, represented to defendant that he was the owner of the_property and borrowed from defendant…