Hawkins v. Roberts
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, County of Solano. Action to recover possession of personal property. The plaintiff alleged in his complaint that on the 13th day of August, 1869, he owned and possessed the property, and that on the same day the defendant took the same from him, and that he demanded possession on the 25th day of August, 1869, and the defendant refused to deliver the same.
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Appeal from the District Court of the Seventh Judicial District, County of Solano. Action to recover possession of personal property. The plaintiff alleged in his complaint that on the 13th day of August, 1869, he owned and possessed the property, and that on the same day the defendant took the same from him, and that he demanded possession on the 25th day of August, 1869, and the defendant refused to deliver the same. Judgment was asked for the recovery of possession, or if delivery could not be had, then for the value. In the Fall of 1869 the plaintiff purchased the property from one Wise,…
1Opinion of the Court
By the Court:
It may be that if after a levy of a writ of attachment upon personal property by taking it into possession the officer permit the defendant in attachment to resume its possession, the levy would be thereby defeated as against execution or attachment creditors subsequently levying thereon, or against a subsequent purchaser from the defendant in attachment, who, upon such purchase, takes the possession thereof. The eases of Dutertre v. Driard, 7 Cal. 549, and Sanford v. Boring, 12 id. 539, assert that principle. But the question in *42those cases arose between the creditors claiming…
2Cases cited1 opinion
- Dutertre v. DriardCalifornia Supreme Court · 1857
3Cited by2 opinions
- People v. SylvaCalifornia Supreme Court · 1904
- Riciotto v. ClementCalifornia Supreme Court · 1892