Cameron

This action of claim and delivery was instituted to recover possession of a certain mare named “Dolly,” claimed to be wrongfully in possession of the defendant. From the judgment rendered in the premises, and from an order denying a new trial, this appeal is taken.

The only point made for a reversal of the judgment and order is that the evidence does not support the findings. In this connection it is urged that the plaintiff, who had bought the property in question from his father in law, Mr. Murr, did not get it in such manner as to satisfy the provisions of section 3440, Civil Code, because, as is claimed, the transfer of the property was not accompanied by an immediate delivery, and followed by an actual and continuous change of possession. As remarked by this court in Byrnes v. Moore, 93 Cal. 393 , 29 Pac. 70 , “every case of the kind here involved

*638 has its own peculiar features, and must be determined on the particular facts which surround the given transaction or transfer.” Many of the facts in this case are similar to those developed in Williams v. Lerch, 56 Cal. 330 , where it was held that the transfer was good. Here the vendee got a bill of sale, and paid a…