Escolle v. Franks
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Monterey, and from an order refusing a new trial. The action was brought to recover damages for the conversion of certain sheep. The defendant, as sheriff, justified the taking under an attachment issued in an action instituted against the vendor of the plaintiff. The further facts are stated in the opinion of the court.
1Opinion of the CourtRoss, J.
The contest in this case is between a purchaser of personal property and a creditor of the vendor. A certain lot of sheep constitutes the subject of the controversy. It is not denied, and was expressly found by the court below that the plaintiff bought the sheep from the owner, one Gout, in good faith and for value, but it is contended by the defendant and was found by the court below as a fact, that the sale was not followed by an immediate delivery and continued change of possession. This finding is assailed by the plaintiff upon the ground that it is contrary to the evidence in the case,…
2Cited by3 opinions
- Karns v. OlneyCalifornia Supreme Court · 1889
- Sullivan v. JohnsonCalifornia Supreme Court · 1899
- Geiler v. LittlefieldNew York Court of Common Pleas · 1893