Dale v. Purvis
California Supreme Court
Appeal from a judgment of the Superior Court of Stanislaus County, and from an order denying a new trial. The action was brought to recover six mules, which had been levied upon November 13, 1886, as the property of V. B. Dale, by his creditor, being at the time of levy upon his ranch.
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Appeal from a judgment of the Superior Court of Stanislaus County, and from an order denying a new trial. The action was brought to recover six mules, which had been levied upon November 13, 1886, as the property of V. B. Dale, by his creditor, being at the time of levy upon his ranch. The plaintiff, J. B. Dale, who was the son of V. B. -Dale, and who lived upon his father's ranch, claimed that two of the mules levied upon had been exchanged for two mules which were presented to him by his Tather when he became of age, in the winter of 1884-85, and that he bought the other four mules from his…
1Opinion of the Court
' Works, J.—
This is an action to recover six mules. The defendant answered that he was the sheriff of Stanislaus County, and as such took and held the mules, first under attachment, and subsequently under an execution issued upon a judgment in favor of one Carmichael, and against V. B. Dale, father of plaintiff, and at the time they were so levied upon and taken by defendant said mules were the property of said V. B. Dale.
The controverted question in the case was, whether the sale to plaintiff, who claimed to have purchased said mules from his father, was “ accompanied by an immediate…
2Cited by5 opinions
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- Elsom v. MooreCalifornia Court of Appeal · 1909
- Holloway v. McNearCalifornia Supreme Court · 1889
- State v. MasonMontana Supreme Court · 1896