I concur for the reason that, prior to the time of the levy upon the judgment in favor of Southard, the latter had assigned his judgment for value; and conceding McBrown to have been a purchaser for value, the rule is, that between two bona fide purchasers of a chose in action not negotiable, the first in time is prior in right. (18 Cal. 438.)
Sharpstein. J., concurred for the reasons stated by Boss, J.