Chester v. Bower
California Supreme Court
Appeal from a judgment for the defendant, in the Sixteenth District Court, County of Kern. Beed, J. The judgment in the case of L. Hirshfeld & Co. v. Wm. Glendenning, (referred to in the opinion) was entered (as alleged in the answer) on May 21st, 1878, for the sum of $854.65, and. costs amounting to $117.70. The property is described in the complaint as follows: “ 2,638 sheep with an ear mark, a hole in each ear,” and was delivered to the plaintiff under a writ of replcvin.
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Appeal from a judgment for the defendant, in the Sixteenth District Court, County of Kern. Beed, J. The judgment in the case of L. Hirshfeld & Co. v. Wm. Glendenning, (referred to in the opinion) was entered (as alleged in the answer) on May 21st, 1878, for the sum of $854.65, and. costs amounting to $117.70. The property is described in the complaint as follows: “ 2,638 sheep with an ear mark, a hole in each ear,” and was delivered to the plaintiff under a writ of replcvin. The verdict was that, “the defendant is entitled to the return of the property described in the complaint, and that…
1Opinion of the Court
Myrick, J.:
This is an action to recover possession of 2,638 sheep and $500 *48damages. Defendant, Sheriff, justified under a writ of attachment issued in the case of L. Hirshfeld & Co. v. Wm. Glendenning. Glendenning had been the owner of the sheep, and the question in controversy was whether the sale of them by him to Chester had been, prior to the seizure under the attachment, accompanied with an actual and continued change of possession, and whether the sale was a bona fide transaction, or for the purpose of hindering, delaying, and defrauding creditors, and particularly Hirshfeld & Co. The…
2Cited by9 opinions
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