Barton v. Brown
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Humboldt, and from an order refusing a new trial. The defendant, as sheriff, justified under an execution on a judgment against James N. Barton. The remaining facts are stated in the opinion of the court.
1Opinion of the CourtRoss, J.
— The plaintiff sued for the conversion of certain personal property by the defendant, alleged to have been at the time, and since, the property of the plaintiff. Plaintiff claims to have purchased the property from James N. Barton, but the evidence shows that the pretended sale was not followed by an actual or continued change of possession. The court below, however, held, as matter of law, that the property in question was exempt from execution in the hands of the vendor, James N. Barton, and therefore, “the sale was valid between the parties and all creditors, whether followed by continued…
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