Bunting v. Saltz
California Supreme Court
Appeal from a judgment of the Superior Court of Alameda County, and from an order denying a new trial. The action was brought to recover the value of a farm-wagon attached by a creditor of John A. Bunting, and which the plaintiff claimed to have been sold and delivered to her before the attachment. The instruction, numbered 15, referred to in the opinion of Mr. Justice Paterson, is the last instruction quoted in the opinion of the court rendered by Mr. Justice Sharpstein.
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Appeal from a judgment of the Superior Court of Alameda County, and from an order denying a new trial. The action was brought to recover the value of a farm-wagon attached by a creditor of John A. Bunting, and which the plaintiff claimed to have been sold and delivered to her before the attachment. The instruction, numbered 15, referred to in the opinion of Mr. Justice Paterson, is the last instruction quoted in the opinion of the court rendered by Mr. Justice Sharpstein. Further facts are stated in the opinion of the court.
1Opinion of the CourtSharpstein, J.
This is a case in which the plaintiff’s right to recover depends not only upon a transfer to her *170of the property which, she alleges, was wrongfully and unlawfully taken from her possession and converted by the defendants to their own use, but likewise upon her actual possession of it at the time of such alleged taking and conversion. If the transfer was not accompanied by an immediate delivery, and followed by an actual and continued change of possession, it is conclusively presumed to be fraudulent, and therefore void as against the creditors of the vendor. (Civ. Code, sec. 3440.) ■ “Actual”…
2Cases cited3 opinions
- Stevens v. IrwinCalifornia Supreme Court · 1860
- Cahoon v. MarshallCalifornia Supreme Court · 1864
- Engles v. MarshallCalifornia Supreme Court · 1861
3Cited by14 opinions
- McCaffey C. Co., Inc. v. Bank of AmericaCalifornia Court of Appeal · 1930
- Hassell v. BungeCalifornia Supreme Court · 1914
- Staff Mortgage and Investment Corporation v. WikleCourt of Appeals for the Ninth Circuit · 1977
- George v. PierceCalifornia Supreme Court · 1898
- Guthrie v. CarneyCalifornia Court of Appeal · 1912
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