Riebli
Riebli v. Husler
Opinion
lead Opinion
Cooper, J.
This action was brought to recover fourteen head of cows, or the value thereof, which are alleged to be the separate property of plaintiff. The defendant at the time of taking the property was a constable of Petaluma township, and justified under a writ of execution in favor of one Keegan against A. B. Riebli, the husband of plaintiff. The case was tried before the court, findings filed, and judgment entered for the defendant. Plaintiff prosecutes this appeal from the judgment, and from the order denying her motion for a new trial.
The court found that, at the time of the taking, the property was not the property of plaintiff, but was the property of her husband, against whom the writ of execution issued. The sole point contended for by plaintiff is that there is not sufficient evidence to sustain this finding. We have carefully examined-the evidence, and find it sufficient. The cows were bought by plaintiff’s husband in October, 1899. They were not owned by plaintiff before her marriage, nor were they afterward acquired by her by gift, bequest, devise or descent. At the time they were purchased they were not conveyed to her by an instrument in writing. The cattle, therefore,…