Ralph v. Lockwood
California Supreme Court
Appeal from a judgment for the plaintiffs in the Superior Court of the County of Los Angeles. Howard, J. Action for the conversion of personal property. The taking was admitted, and the defendant in his answer attempted to justify as constable under attachments against one Farris.
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Appeal from a judgment for the plaintiffs in the Superior Court of the County of Los Angeles. Howard, J. Action for the conversion of personal property. The taking was admitted, and the defendant in his answer attempted to justify as constable under attachments against one Farris. It appeared from the evidence that Farris was in possession of a tract of land; and being out of money and provisions, and unable to cultivate it himself, leased it to the plaintiffs, agreeing to put in and cultivate a crop of barley on the land for them—they furnishing the seed and paying him for his labor an…
1Opinion of the Court
The Court :
Section 2468 of the Civil Code'does not apply to torts, and as the. action is for a conversion of personal property, the plaintiff’s rights are unaffected by the provisions of that section.
There is some confusion as well as conflict in the evidence, but we think the effect of that on the part of the plaintiffs (which must be accepted here as true, in view of the verdict of the jury in their favor) is that the barley in question was theirs from the beginning. It was they who caused its production. It was raised on land leased by them: they furnished the seed from which it grew, and…
2Cited by8 opinions
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- Reeves v. First National BankCalifornia Court of Appeal · 1912
- Thompson v. ByersCalifornia Court of Appeal · 1931
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