Alferitz

This appeal is from the judgment upon the judgment-roll. The findings show the following facts:

This mortgage was in all respects duly executed, and was recorded in Fresno county, and afterward in the counties of Mariposa, Stanislaus, and Madera, and was made in good faith to secure said note and certain advances therein provided for.

That in 1894 the mortgagor, being then in the county of Mono with said sheep, with the consent of the' plaintiff, exchanged five hundred wethers, part of said two thousand sheep, to another party for five hundred ewes which were mingled with the remaining fifteen hundred so mortgaged, and thereafter could not be distinguished from them. That in January, 1895, there were born to the ewes of said band of two thousand sheep one thousand Iambs.

That in May, 1894, Bosenthal and Kutner brought suit in justice’s court in the county of Madera against said Lujea, the mortgagor, and procured a writ of attachment to be issued, under which the defendant in this action, a constable, attached three hundred and twenty of said lambs, and afterward sold the same for the sum of two hundred and eighty-eight dollars; and this action is prosecuted to recover from the…