nothing by this action, and that defendant recover from plaintiff defendant's costs of suit. I J, If the goods and chattels referred to were taken from the possession of defendant by proceedings under the provisional remedy of claim and delivery, such facts should be alleged, and the demand for judgment should be as in form 153. FORM NO. 156. DEFENSE IN AN ACTION BY A SHERIFF FOR DETAINING GOODS [Name of Court.] The defendant, answering the complaint in this action, admits that the goods and chattels mentioned in the complaint when taken by defendant, as hereinafter shown, were the property of the plaintiff; but denies that said goods and chattels were, when so taken, or have been since, of the value of dollars, or of any greater value than dollars; And as a defense in this action, the defendant alleges that on the day of defendant was and ever since has been the the day of sheriff of the county of - in this state; (1) and that on one A B commenced an action in the Superior Court of the state of California, in the county of — against CD, the plaintiff in this action on a contract made [or payable] in this state, for the direct payment of money; and for the purpose of procuring a writ of attachment to be issued in that action against the property of said C D, the defendant in that action, and who is the plaintiff in this action; said A B, the plaintiff in that action, made and filed in that action in the office of the clerk of said court on the day of an affidavit in which he stated that the defendant in that action was indebted to the plaintiff therein in the sum of dollars over and above all legal set offs and counter claims, upon a contract express [or implied] for the direct payment of money, and that such contract was made [or is payable] in this state, and that the payment of the same had not been secured by any mortgage or lien upon real or personal property, or by any pledge of personal property, and that the attachment was not sought, and the action was not prosecuted to hinder, delay or defraud any creditor of the defendant in that action; and thereupon said clerk of said court required of the plaintiff in that action a written undertaking on the part of the plaintiff in that action in the sum of ——— dollars, with sufficient sureties to the effect that if the defendant in that action recovered judgment, the plaintiff in that action would pay all costs that might be awarded to the defendant in the action, and all damages he might sustain in the action, not exceeding the sum of dollars; and that such undertaking was given as so required, and thereupon a writ of attachment was issued in said action out of said court directed to the sheriff of said county of commanding and requiring him to attach and safely keep all the property of the defendant in that action within his county, not exempt from execution, or so much thereof as might be necessary to satisfy the demand of the plaintiff in that action, the amount of which was stated in the writ in conformity with the complaint in that action, unless the defendant in that action gave him security by the undertaking of at least two sufficient sureties in an amount sufficient to satisfy such demand, besides costs, in which case to take such undertaking; and the writ of attachment so issued was delivered to this defendant as sheriff, as aforesaid, and the defendant in that action did not give any undertaking to prevent his property from being attached under said writ; and therefore, defendant as sheriff, as aforesaid, and as commanded by said writ of attachment, attached and safely kept, and is safely keeping, the goods and chattels mentioned in the complaint in this action, and sued for therein; and said goods and chattels are not, nor is any part thereof exempt from execution, and said writ of attachment is still in full force; (2) defendant denies that plaintiff has sustained damage in the sum of dollars, and denies that plaintiff has sustained any damage whatever. [If the property had been taken from the sheriff under proceedings in the provisional remedy of claim and delivery, such fact should be alleged.] WHEREFORE defendant demands judgment; [state the demand as in form 154, if the property has not been taken from the sheriff; or as in form 153 in case the property has been taken from the sheriff by proceedings under the provisional remedy of claim and delivery in the action.] I J, Attorney for Defendant. FORM NO. 157. ANSWER BY A SHERIFF WHO HAS ATTACHED PROPERTY WHEN PLAINTIFF CLAIMS TO BE THE OWNER BY A CONVEYANCE THEREOF WHICH IS FRAUDULENT AGAINST CREDITORS OF THE VENDOR. [Name of Court.] The defendant answering the plaintiff's complaint in the action, denies upon his information and belief that the plaintiff was at the times mentioned in the complaint in this action, or at any of said times, or was ever, the owner of the goods and chattels mentioned in the complaint, or of any of them, except by a sale thereof made to him by one C D, who was the owner thereof at the time of such sale, and which sale was fraudulent, as hereinafter shown; day of and Defendant alleges that he was on the ever since has been the sheriff of the county of in this state; [then state the action in which a writ of attachment was issued, the affidavit and undertaking for the issuance of the writ, the issuance of the writ, and the commands of the writ, and its delivery to the defendant, as sheriff, as between 1 and 2, in form 156, and then continue as follows:] Defendant alleges on his information and belief, that the only right to, or ownership of, the goods and chattels mentioned in the complaint and sued for in this action, which plaintiff had at the time of the levy hereinafter mentioned under said writ on said goods and chattels, or ever had, was by a pretended sale thereof, made to him by said C D, who is the defendant in said. attachment suit; and such sale was made by said C D, and was received by plaintiff, to hinder, delay and defraud the creditors of said C D, and to hinder, delay and defraud the plaintiff in said attachment suit, who then was and he is, a creditor of said C D ; That at the time of said sale to the plaintiff in this action, said CD was indebted to the plaintiff in said attachment suit on the claim and demand on which said suit was brought, and said CD had the possession and control of the goods and chattels so sold by him to the plaintiff in this action; and such sale was not accompanied by an immediate delivery of the property so sold, nor was it followed by an actual and continued change of the possession thereof; [or state other facts showing fraud in such sale.] That upon the delivery of said writ of attachment to this defendant as aforesaid, this defendant attached said goods and chattels, as required by such writ of attachment, as the property of the defendant in said attachment suit, C D, and safely kept the same thereunder; That said writ of attachment has not been discharged, and it remains in full force; defendant denies that the goods and chattels mentioned in the complaint were at any time of the value of dollars, and denies that the same were ever of any greater value than dollars; and defendant denies that plaintiff has sustained damage in the sum of dollars, and denies that plaintiff has sustained any damage whatever. [If the property was taken from the possession of the defendant by proceedings under the provisional remedy of claim and delivery, state such fact, and demand judgment as in form 153; otherwise as in form 154.] ANSWER OF A SHERIFF IN AN ACTION IN WHICH THE SHERIFF JUSTIFIES UNDER A WRIT OF EXECUTION TO ENFORCE A JUDGMENT. [Name of Court.] The defendant answering the complaint in this action, denies upon his information and belief that plaintiff was at the times mentioned in the complaint, or at any of said times, or was ever, the owner of the goods and chattels mentioned in the complaint, or of any of them, or of any part thereof, except under a sale of the same made to him by one C D, who was the owner thereof at the time of said sale, and which sale was fraudulent against the creditors of said C D, as hereinafter shown; day of day of in The defendant alleges, that he was on the and ever since has been the sheriff of the county of this state, and that in an action in the Superior Court of the state of California, in the county of in which one A B was plaintiff, and the said C D was defendant, said A B, the plaintiff in that action, on the day of recovered judgment, which was duly given and made, against the said C D, the defendant in that action, for dollars; which judgment was entered and docketed the same day, and is wholly unpaid and unsatisfied; and thereafter, on the a writ of execution was issued out of said court in that action, directed to the sheriff of said county of requiring such sheriff to satisfy said judgment with interest out of the personal property of said C D, said judgment debtor, not exempt from execution; and if sufficient personal property could not be found, then out of his real property; and thereafter, and on the same day, said writ of execution was delivered to this defendant, as the sheriff of said county of - Said writ intelligibly referred to said judgment, and stated the court in which it was rendered, the county in which the judgment roll was filed, the amount of the judgment, and the amount actually due thereon; [and the kind of money in which the judgment was payable.] And this defendant, as such sheriff, on the day of in said county of under and by virtue of said writ of execution, and as thereby commanded, levied on the goods and chattels mentioned and described in said complaint, and which at the time of said levy were in the possession of and under the control of said C D, the said execution debtor; and gave notice of the sale thereof under said execution, on the day of to commence at o'clock m. for the purpose of satisfying said judgment, and said property so levied on was not, nor was any of it, exempt from execution; That the plaintiff in this action claims to be the owner of said goods and chattels; but defendant alleges upon his information and belief that plaintiff's only title thereto, and ownership |