Engles v. Marshall
California Supreme Court
Appeal from the Sixth District. Action to recover the value of certain horses, harness and a stage coach alleged to have been illegally taken from plaintiff by defendants. The defense was a seizure on the twentieth of December, 1860, and subsequent sale of the property by defendant Marshall, as Sheriff, on attachment and execution in the suits of defendant Ebner and one Milburn against George Engles & Co., a firm composed of George Engles and Wm. Hamilton.
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Appeal from the Sixth District. Action to recover the value of certain horses, harness and a stage coach alleged to have been illegally taken from plaintiff by defendants. The defense was a seizure on the twentieth of December, 1860, and subsequent sale of the property by defendant Marshall, as Sheriff, on attachment and execution in the suits of defendant Ebner and one Milburn against George Engles & Co., a firm composed of George Engles and Wm. Hamilton. On the trial, plaintiff offered in evidence a bill of sale from George Engles to Wm. Engles, executed Sept. 26th, 1860, of all the right,…
1Opinion of the CourtBaldwin, J.
Field C. J. concurring.
Upon examining the record in this case, we think the Judge below did not err in instructing the jury that the facts showed no valid sale, for want of such change of possession of the property in controversy as is required by the Statute of Frauds. The property' seems to have remained, to all external appearances, in the same condition in which it was before the sale, with nothing to notify third persons of the sale, or of the claims of the new owner. In Stevens v. Irwin (15 Cal. 506) we said : “ Delivery must be made of the property; the vendee must take the actual…
2Cases cited1 opinion
- Stevens v. IrwinCalifornia Supreme Court · 1860
3Cited by7 opinions
- Bunting v. SaltzCalifornia Supreme Court · 1890
- Gallagher v. WilliamsonCalifornia Supreme Court · 1863
- Mosgrove v. HarrisCalifornia Supreme Court · 1892
- Howard v. DwightSouth Dakota Supreme Court · 1896
- Groff v. CooperSuperior Court of Delaware · 1880
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