Tower

Action in the nature of trover to recover the value of certain personal property of plaintiff’s, alleged to have been wrongfully taken and converted to his own use by the defendant. The defendant denied that the plaintiff owned or possessed the property at the time it was taken, *715 and alleged that it was then owned and possessed by F. C. Tower, plaintiff ’s husband, and-F. B. Bates, from whom defendant, as sheriff, took it by authority of a writ of execution against them in favor of the First National Bank of San Diego. It was further alleged in the answer of defendant that F. C. Tower and F. B. Bates made a bill of sale of the property to plaintiff without consideration, and for the purpose of defrauding their creditors, and that the sale was not accompanied by an immediate delivery of the property, nor followed by an actual or continued change of possession thereof. The cause was tried without a jury, and the court found the facts on all the material issues in favor of the plaintiff, and rendered judgment accordingly for. the sum of $3,349.39. The defendant appeals from the judgment, and from an order denying his motion for a new trial.

The evidence, though conflicting, on…