Loosemore v. Baker

This appeal is from the judgment and from the order denying plaintiff’s motion for a new trial. He sued defendant as sheriff of the county of Kern, who, under a writ of attachment, had levied upon and taken possession of certain personal property. Plaintiff offered to prove that the property was in his possession at the time of the sheriff’s levy and that his possession was based upon a chattel mortgage for a bona fide debt due to him from one Wygal, who had made default in the matter of the payment of the debt. After seizure by the sheriff plaintiff had given him an undertaking and thus had…