McFadden v. Mitchell
California Supreme Court
Appeal from a judgment for the defendant, and from an order denying a new trial, in the Seventeenth District Court, County of Los Angeles. Sepulveda, J. The complaint contains the usual allegations in an action for the recovery, of personal property.
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Appeal from a judgment for the defendant, and from an order denying a new trial, in the Seventeenth District Court, County of Los Angeles. Sepulveda, J. The complaint contains the usual allegations in an action for the recovery, of personal property. The defendant is Sheriff of Los Angeles County, and his answer, besides denying the several allegations of the complaint, justifies the taking under an execution, placed in his hands, against one Gabriel Allen, and alleges that the property was, at the time of the levy and ever afterward, the property of Allen. The plaintiff deraigns title under…
1Opinion of the Court
Department No. 1, McKee, J.:
It was error in the Court below to instruct the jury as follows : “ If you find from the evidence that there was no good or valuable consideration from McFadden to Allen for the alleged transfer of the cattle, then you arc instructed that such transfer 'was, and is, void as against the creditors of Allen.”
By § 3442 of the Civil Code it is declared that the question of fraudulent intent, arising under the provisions of title 2, except as otherwise provided in § 3440 of the Code, is one of fact, and not of law, and that any transfer or change of personal property…
2Cited by5 opinions
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