Dresbach v. Minnis
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, County of Yolo. In 1869, Henry and Robert. Dawson entered upon certain land belonging to D. W. C. Rice and others, under a written agreement to raise a crop of grain, taking two thirds of it for their labor and delivering one third to the owners of the laud as rent.
Read the full summary
Appeal from the District Court of the Sixth Judicial District, County of Yolo. In 1869, Henry and Robert. Dawson entered upon certain land belonging to D. W. C. Rice and others, under a written agreement to raise a crop of grain, taking two thirds of it for their labor and delivering one third to the owners of the laud as rent. The plaintiff was agent for Rice, and claims that as soon as the grain was harvested he purchased it and employed the proprietor of a thrashing machine to thrash it. As it was thrashed he had it hauled from the open field to his warehouse. About the same time the…
1Opinion of the Court
By the Court:
In Bleven v. Freer, 10 Cal. 172, it was substantially held here that one who, with knowledge of all the facts and circumstances surrounding the transaction, gives to a Sheriff an accountable receipt for property levied upon as the property of another, is estopped from afterwards asserting ownership in himself, unless, at or before the giving of the receipt, he make known his claim to the officer.
This rule, applied to the facts of the case at bar, is conclusive against the claim of the appellant. The officer was permitted to levy upon the property in the first instance as being…
2Cases cited1 opinion
- Bleven v. FreerCalifornia Supreme Court · 1858
3Cited by5 opinions
- Barboza v. Pacific Portland Cement Co.California Supreme Court · 1912
- Wood v. BlaneyCalifornia Supreme Court · 1895
- Bear Creek Co. v. JamesCalifornia Court of Appeal · 1953
- Amarillo Nat. Bank. v. SanbornCourt of Appeals of Texas · 1914
- Koeniger v. CreedIndiana Supreme Court · 1877