Hunt v. Robinson
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, County of Sacramento. This was an "action against the sureties on a replevin bond. The facts as detailed in the opinion of the Court are as follows: Treadwell commenced suit against David Jones, by attachment, which was levied upon certain personal property by the plaintiff, Hunt, as Sheriff of Sacramento county.
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Appeal from the District Court of the Sixth Judicial District, County of Sacramento. This was an "action against the sureties on a replevin bond. The facts as detailed in the opinion of the Court are as follows: Treadwell commenced suit against David Jones, by attachment, which was levied upon certain personal property by the plaintiff, Hunt, as Sheriff of Sacramento county. Mary Jones, wife of David Jones, claimed the property as a sole trader, and commenced her action of replevin, and obtained possession of the property, upon delivering án undertaking as required by the 102d section of the…
1Opinion of the Court
Mrs. Jones, as determined by the result of the replevin suit, had no title to the furniture, and therefore could not have conferred title upon a purchaser. She could not confer what she did not herself possess.
In the language of the Chief Justice in the case of Burckle v. Luce, 1st Comstock, on p. 171, she had a mere temporary right of possession, which expired upon the termination of that suit against her, and this is the only right which she could have transferred to a purchaser.
But, says respondent’s counsel, our law looks upon the possessor of personal property as its owner.
It is true,…
Also in this document: Concurrence.
2Cases cited6 opinions
- Rives v. WilborneSupreme Court of Alabama · 1844
- Griswold v. SharpeCalifornia Supreme Court · 1852
- M'Rae v. M'LeanSupreme Court of Alabama · 1836
- Nickerson v. ChattertonCalifornia Supreme Court · 1857
- Acker v. WhiteNew York Supreme Court · 1841
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3Cited by19 opinions
- Wilson v. FullerSupreme Court of Kansas · 1872
- Glass v. Basin & Bay State Mining Co.Montana Supreme Court · 1904
- Mohr v. LanganSupreme Court of Missouri · 1901
- Farmers' State Bank of Arkansas City v. StephensonSupreme Court of Oklahoma · 1909
- Union National Bank v. Moline, Milburn & Stoddard Co.North Dakota Supreme Court · 1897
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