Hassinger

This is an action of trespass, brought for the taking of cattle and horses. The defendant pleaded the general issue ; and also that the property was taken by McCutcheon, as Sheriff, and sold to Bodley at the Sheriff’s sale, in virtue of which, Bodily alleges he holds the property.

The cause was tried before a jury. The facts proved, upon which the court instructed the jury, are briefly these: That on the 20th day of July, 1854, one Addis sold the property in controversy for a valuable consideration to the plaintiff; that the same was then running at large on the ranch of Addis, who drove them into a corral there situated, and delivered them to the plaintiff, who received them and turned them out of the corral, and placed them under the care of the same vaquero who had previously taken care of them for Addis. The property continued running at large on said rancho, and the adjoining rancho, until the execution was levied, which was on the 6th day of March, 1855, by said McCutcheon, who, in virtue of which, as Sheriff, afterwards sold the property to said Bodley, who was then the deputy of the said Sheriff j that said execution issued upon a judgment against *40 said Addis, rendered…