Sexey v. Adkinson
California Supreme Court
Appeal from the District Court, Tenth Judicial District, Yuba County. This was an action to recover personal property, consisting of drifted gold bearing earth, severed from a mining claim, and quicksilver, gold amalgam and blocks, etc., situated and being, at the time of the seizure by defendant, in a flume used in operating said mining claim.
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Appeal from the District Court, Tenth Judicial District, Yuba County. This was an action to recover personal property, consisting of drifted gold bearing earth, severed from a mining claim, and quicksilver, gold amalgam and blocks, etc., situated and being, at the time of the seizure by defendant, in a flume used in operating said mining claim. The evidence at the trial tended to prove that said property was taken from the possession of plaintiff, who was a stranger to the writ under which it was seized, and that at said time he was in the possession of and working said mining claim. The…
1Opinion of the Court
By the Court, Sawyer, J.:
Action to recover personal property. Defense that the chattels in question were the property of Crane & Co., and were seized as such by the defendant, as Sheriff of Yuba County, upon a writ of attachment at the suit of Hutchings v. Grane $ Go. The plaintiff claimed by virtue of a prior sale from Crane & Co., and claimed to be in the actual possession at the time of the seizure by defendant. There is no pretense that there was any bad faith, or fraud in fact, in the transfer from Crane & Co. to plaintiff, but it is claimed that there was no actual and continued change…
2Cases cited4 opinions
- Rinchey v. . StrykerNew York Court of Appeals · 1863
- Jansen v. Acker & RichNew York Supreme Court · 1840
- Mamlock v. WhiteCalifornia Supreme Court · 1862
- Walker v. WoodsCalifornia Supreme Court · 1860
3Cited by9 opinions
- First National Bank v. EastmanCalifornia Supreme Court · 1904
- Brichman v. RossCalifornia Supreme Court · 1885
- Banning v. MarleauCalifornia Supreme Court · 1894
- Jones v. McQueenUtah Supreme Court · 1896
- Townsly-Myrick Dry Goods Co. v. FullerSupreme Court of Arkansas · 1893
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