Haws

This was an action on the official bond of a sheriff to recover damages for failure on the. part of the officer to levy upon and sell certain personal property under an execution issued on a judgment in favor of the plaintiff below and against one Padilla, as judgment debtor. Prom a judgment in favor of the plaintiff, the defendant has sued out the present writ of error. In the view we take of the case, it is necessary to consider but two questions: First, did Padilla, the judgment debtor, have any interest subject to execution in a certain band of sheep and lambs? And, second, did the court below err in charging the jury as to the measure of damages for failure to levy upon and sell the real property belonging to the judgment debtor?

The facts concerning the sheep and lambs are as follows: On November 1,1923, the A. *75 & B. Schuster Company, a corporation, o£ Holbrook, Ariz., owner of 5,885 head of ewes, of the age of from two to six years, and 935 head of ewe lambs, entered into a contract with Padilla, the judgment debtor above named, by the terms of which Padilla agreed to safely keep, protect, provide, and care for the band for a period of one year, at the expiration of…