Moran

This action was brought to recover the possession, or, in case a delivery cannot be had, the value of certain personal property, consisting of hotel furniture, dishes, bedding, etc., described in the complaint. The case was tried before the court without a jury, and findings filed, upon which judgment was ordered and entered for plaintiffs. Defendant made a motion, for a new trial, which was denied, and this appeal is from the judgment and order.

It is not claimed that the judgment is not supported by the findings, and it is therefore not necessary to consider any question as to the appeal from the judgment. The court found that the plaintiffs were the owners and entitled to the possession of the property, and the principal point urged here is that this finding is not supported by the evidence. The evidence shows without conflict that prior to September 10, 1895, the defendant was the proprietor of the Villa Hotel, at Colma, in San Mateo county, and was the owner of the property in controversy, using the same in said hotel. The sheriff of the county, by virtue of an execution in his hands against the defendant, had levied upon the said property, and advertised that on said day,…