Gray v. Corey
California Supreme Court
Appeal from the District Court, Twentieth Judicial District, County of Santa Cruz. Action to recover the possession of two mules and their harness, and two lumber wagons. The plaintiff was, and for several months prior to -the month of October, 1871, had been the owner of certain lands in the county of Santa Cruz, and extensively engaged in the preparation and transportation of oak bark for the purpose of tanning.
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Appeal from the District Court, Twentieth Judicial District, County of Santa Cruz. Action to recover the possession of two mules and their harness, and two lumber wagons. The plaintiff was, and for several months prior to -the month of October, 1871, had been the owner of certain lands in the county of Santa Cruz, and extensively engaged in the preparation and transportation of oak bark for the purpose of tanning. One Donneilan was, about the first of October, and for many months prior thereto, the-owner of several teams of horses, mules, harness and wagons, and engaged in hauling bark for…
1Opinion of the Court
By the Court, McKinstry, J.:
The Court below held that there was not an actual or immediate delivery and continued change of possession of the personal property, sued for in this action, so as to render the sale valid as against the creditors of Donnellan. We think this conclusion is sustained by the finding of facts.
Judgment affirmed.
Mr. Justice Rhodes did not express an opinion.
2Cited by3 opinions
- O'Connor v. O'Connor, Rice & BarnesCalifornia Court of Appeal · 1941
- Lowe v. MatsonAppellate Court of Illinois · 1890
- Rosenbaum v. HayesNorth Dakota Supreme Court · 1899