Dalton v. Chapman

PLUMMER, J.

Plaintiff had judgment against the defendant in the sum of $430. From this judgment the defendant appeals.

Three hundred and thirty dollars of said judgment represents the value of certain sows taken by the defendant, found by the court to belong to the plaintiff, and $100 of said judgment represents the damages caused the plaintiff by the act of the defendant just stated.

The record in this case shows the following state of facts:

That on or about the twenty-third day of January, 1930, Mrs. J. J. Bast, J. H. Ware and Bessie B. Ware executed and delivered to A. B. Jackson a chattel mortgage covering the following described property, to wit: Sixty head of Poland-China hogs, some marked with the earmark “V”, and not situate upon the ranch of Mr, and Mrs. J. H. Ware in Browns Valley, Tuba County, California. This mortgage was given to secure the payment of the sum of $167.42, with an advance clause therein not to exceed $500 in addition to the sum just mentioned. No action was brought to foreclose the mortgage. Thereafter, and in the month of August, 1930, A. B. Jackson commenced a claim and delivery action against Mrs. J. J. Bast, J. H. Ware and Bessie B. Ware, and pursuant to the directions given him by Jackson, the defendant in this action, B. James Chapman, constable of the Justice’s Court of Marysville Township, in which said action was instituted, took possession of 22 hogs then on the Ware ranch. Thereafter the plaintiff in this action filed a third-party claim setting forth that he was the owner of 11 sows which the constable had so taken. The constable refused to deliver the sows to the plaintiff, whereupon this action was instituted.

The court found that the 11 sows so taken by the defendant B. J. Chapman were the property of the plaintiff in this

action;

were not covered by the chattel mortgage executed and delivered by Mrs. J. J. Bast, J. H. Ware and Bessie B. Ware, and delivered to A. B. Jackson; that the value of the sows at the time of the taking was the sum of $330, and

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that by the taking of said sows a number of sucking pigs were caused to die, to the further damage of the plaintiff in the sum of $100.