When property is a third sold property to B. before C. commenced a suit against A. for the recovery of such property, the property cannot, on an execution on a judgment in favor of C., be taken from B.-Peteree vs. Bugbey, 24 Cal., p. 423. 4. WHAT CONSTITUTES A LEVY.-On personal property capable of manual delivery, a levy is made by taking possession of the property. A levy will not defeat subsequent execution on goods allowed to remain in the hands of the debtor.-Dutertre vs. Driard, 7 Cal., p. 549; Taffts vs. Manlove, 14 Cal., p. 47. Service of copy of execution and notice of garnishment on third party, constitutes no lien on property of debtor capable of manual delivery.-Johnson vs. Gorham, 6 Cal., p. 195. Any act on the part of the officer showing the intent to sell the specific land, and to subject it to the satisfaction of the judgment, constitutes a "levying" of the execution as against the defendant in the execution, and the performance of the act described in the statute as a levying of execution is material only in reference to the rights of third parties, or persons who are not parties to the writ. The levy fixed the date of the commencement of the Sheriff's title.— Blood vs. Light, 38 Cal., p. 649. 689. (§ 218.) If the property levied on be claimed claimed by by a third person as his property, the Sheriff may summon from his county six persons qualified as jurors, be party, how the right of property is tween the parties, to try the validity of the claim. He must also give notice of the claim and of the time of trial to the plaintiff, who may appear and contest the claim before the jury. The jury and the witnesses must be sworn by the Sheriff, and if their verdict be in favor of the claimant the Sheriff may relinquish the levy, unless the judgment creditor give him a sufficient indemnity for proceeding thereon. The fees of the jury, the Sheriff, and the witnesses must be paid by the claimant, if the verdict be against him; otherwise, by the plaintiff. Each party must deposit with the Sheriff, before the trial, the amount of his fees, and the fees of the jury, and the Sheriff must pay the same to the prevailing party. NOTE.-1. WHEN PROPERTY IS CLAIMED BY THIRD PARTY-TRIAL OF RIGHT OF PROPERTY.-P., in possession of a vessel, appointed H. as master. The plaintiff, who sets up a claim to the vessel, entered into a charter party with P., and by it acknowledges him to be the owner, and his appointee, H., to be the master. After the charter party, the declared owner of the vessel became the debtor of the master, who attached the vessel. The plaintiff brought this action against the Sheriff to recover the vessel under the attachment. It was decided, that where one allows another to deal with his property as if it belonged to the latter, and by declarations allows others to be misled, the party making such declarations is concluded by them.-Hostler vs. Hays, 3 Cal., p. 302. If the Sheriff prove a trial by jury and verdict for claimant, the plaintiff must show that he rendered the bond of indemnity to the Sheriff required by law in order to hold a Sheriff liable for not levying the execution.-Strong vs. Patterson, 6 Cal., p. 156. Where several creditors' levy, and those prior fail to indemnify the Sheriff, he should proceed only for the benefit of those who indemnify and incur responsibility, and relinquish the levy of those failing to indemnify.-Davidson vs. Dallas, 8 Cal., p. 227. A Sheriff, in the sale of personal property, is not protected by the verdict of a jury on the trial of the right of property, under the provisions of this section of the Code. The proceedings before a Sheriff, in such a trial, are not judicial.-Perkins vs. Thornburgh, 10 Cal., p. 189. To estop a party from claiming goods as against the creditor of a third party, he must have stated to the creditor himself that he had sold the article to the third party, and the creditor must have parted with some right or advantage on the faith of the information.-Goodale vs. Scannell, 8 Cal., p. 27. An agreement to indemnify a Sheriff for seizing property under execution is valid.-Stark vs. Raney, 18 Cal., p. 622. Where property is levied on by a Sheriff, by virtue of execution as defendant's property, and is claimed by third party, and a jury trying the right of property decides against the claimant, the verdict does not protect the officer in a suit against him by defendant, nor can it be allowed as evidence in defense.-Sheldon vs. Loomis, 28 Cal., p. 122. The interest which a pledgor has in the thing pledged is liable to execution and may be reached in the hands of a pledgee when a third party, but this can only be done by serving and enforcing a garnishment on the pledgee and not by a seizure of the pledge.-Treadwell vs. Davis, 34 Cal., p. 607; Pomeroy vs. Smith, 17 Pick., p. 85. Liability of joint trespassers under legal process; property illegally seized under attachment.-Lewis vs. Johns, 34 Cal., p. 633. Sheriff is liable for value of property which he sells, if it was claimed as exempt from execution prior to the sale.-Spencer vs. Long, 39 Cal., p. 700. So, also, he is liable for sale of property when he is noti fied of issuance of writ commanding stay of proceedings.-Id. 2. NOTICE AND DEMAND.-In an action against a Sheriff for seizure and conversion of the plaintiff's property, taken under process against a third person, a demand upon the defendant prior to the bringing of the suit is not necessary to a recovery. The Sheriff having misapplied his process, and whether by mistake or by design will make no difference, stands in the position of every other trespasser, and is liable to an action the instant the trespass is committed. The circumstance that the property was in the possession of the execution debtor at the date of the seizure amounts to nothing, except upon proof of fraud or commixture. The rule of the common law is correctly stated in Ledley vs. Hays, 1 Cal., p. 160, and the correctness of that decision is impliedly recognized in Daumiel vs. Gorham, 6 Cal., p. 44. The statement of facts in Taylor vs. Seymour, 6 Cal., p. 512, is imperfect; but if that case is to be understood as laying down a different rule, then we prefer to follow Ledley vs. Hays, 1 Cal., p. 160.-Boulware vs. Craddock, 30 Cal., p. 190; see, also, Codman vs. Freeman, 3 Cush., p. 314; and Ackee vs. Campbell, 23 Wend., p. 371; see, also, Wellman vs. English, 38 Cal., p. 583; Moore vs. Murdock, 26 Cal., p. 515; Sargent vs. Sturm, 23 Cal., p. 359. A Sheriff attaching goods under execution must have notice of the claim of a third party to the goods, and a demand for them, or he is not liable for damages for such seizure and deten tion.-Taylor vs. Seymour, 6 Cal., p. 512; Daumiel vs. Gorham, 6 Cal., p. 43; Killey vs. Scannell, 12 Cal., p. 73. The owner of property levied upon as belonging to another is not estopped from showing title in himself because he has given an accountable receipt for its delivery to the officer, although the receipt admits that the property is levied upon as belonging to the debtor, if he notifies the officer of his claim at or before the time the receipt is given. But if he fails to make his claim known, and thus influences the conduct of the officer, he is estopped from afterwards asserting it, provided the facts and circumstances relating to his claim were then known to him.-Bleven vs. Freer, 10 Cal., p. 72. -Amended 1875 = 6. exempt 690. (§ 219.) The following property is exempt What from execution, except as herein otherwise specially from provided: 1. Chairs, tables, desks, and books, to the value of two hundred dollars, belonging to the judgment debtor; 2. Necessary household, table, and kitchen furniture belonging to the judgment debtor, including one sewing machine and one piano, in actual use in a family, or belonging to a woman; stoves, stovepipe, and stove furniture, wearing apparel, beds, bedding, and bedsteads, and provisions, actually provided for individual or family use, sufficient for one month; 3. The farming utensils or implements of husbandry of the judgment debtor; also, two oxen, or two horses, or two mules, and their harness, one cart or wagon, and food for such oxen, horses, or mules for one month; also, all seed grain or vegetables actually provided, reserved, or on hand for the purpose of planting or sowing at any time within the ensuing six months, not exceeding in value the sum of two hundred dollars; 4. Tools or implements of a mechanic or artisan necessary to carry on his trade; the notarial seal and records of a Notary Public; the instruments and chest of a surgeon, physician, surveyor, and dentist, necessary to the exercise of their profession, with their scientific and professional libraries; the law professional libraries and office furniture of attorneys, counselors, and Judges, and the libraries of ministers of the gospel; 5. The cabin or dwelling of a miner, not exceeding in value the sum of five hundred dollars; also, his sluices, pipes, hose, windlass, derrick, cars, pumps, tools, implements, and appliances necessary for carrying on any kind of mining operations, not exceeding in value the aggregate sum of five hundred dollars; and two horses, mules, or oxen, with their harness; and food for such horses, mules, or oxen for one month, when necessary to be used in any whim, windlass, derrick, car, pump, or hoisting gear; 6. Two oxen, two horses, or two mules, and their harness; and one cart or wagon, one dray or truck, one coupee, one hack or carriage for one or two horses, by the use of which a cartman, drayman, truckman, huckster, peddler, hackman, teamster, or other laborer habitually earns his living; and one horse, with vehicle and harness, or other equipments, used by a physician, surgeon, or minister of the gospel, in making his professional visits, with food for such oxen, horses, or mules for one month; 7. Four cows, with their sucking calves, and four hogs, with their sucking pigs; 8. Poultry not exceeding in value fifty dollars; 9. The earnings of the judgment debtor for his personal services, rendered at any time within thirty days next preceding the levy of execution, or levy of attachment, when it appears, by the debtor's affidavit or otherwise, that such earnings are necessary for the use of his family, residing in this State, supported wholly or in part by his labor; 10. The shares held by a member of a homestead association duly incorporated, not exceeding in value one thousand dollars-if the person holding the share is not the owner of a homestead under the laws of this State; 11. All moneys, benefits, privileges, or immunities accruing, or in any manner growing out of any life insurance on the life of the debtor, made in any company incorporated under the laws of this State, if the annual premiums paid do not exceed five hundred dollars; 12. All fire engines, hooks and ladders, with the carts, trucks, and carriages, hose, buckets, implements, |