Hurlburt v. Jones
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, Colusa County. On the trial in the Court below, when plaintiff offered the lease from Ord to her in evidence, defendant objected to the same because there was a subscribing witness. The Court sustained the objection. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Shafter, J.
This is an action brought by a married woman, to recover the possession of a certain quantity of wheat levied on by the defendant, as Sheriff of Colusa County, as the property of her husband. The plaintiff claims to own the wheat as sole trader, under the Act of 1852.
The answer first denies the principal allegations of the. complaint. Second, justifies the seizure complained of, on the ground that the plaintiff became a sole trader, or operator, in “ a general ranching business” in 1857, for the purpose of hindering, delaying and defrauding the creditors of her…
2Cited by2 opinions
- Lyons v. LeimbackCalifornia Supreme Court · 1865
- Thomas v. DesmondCalifornia Supreme Court · 1883