Samuels v. Gorham
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, San Francisco County. The action was replevin for wrongfully taking from the custody and possession of the plaintiff a large amount of personal property. The answer alleges that the defendant attached the property in his official capacity as Sheriff, in a suit brought by Dexter Taft against Mitchell & Nunes.
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Appeal from the District Court of the Twelfth Judicial District, San Francisco County. The action was replevin for wrongfully taking from the custody and possession of the plaintiff a large amount of personal property. The answer alleges that the defendant attached the property in his official capacity as Sheriff, in a suit brought by Dexter Taft against Mitchell & Nunes. That the property, although sold to the plaintiff, had not been delivered to him, but remained in the possession of-Mitchell & Nunes. Testimony was adduced upon this point, and the Court charged the jury “ that in order to…
1Opinion of the Court
Murray. C. J., delivered the opinion of the Court.
Heydenfeldt, J., concurred.
To constitute a valid sale of personal property against creditors, there must, according to the provisions of the statute of this State, be “an immediate delivery thereof, accompanied with an actual and continuous change of possession.” By an immediate delivery is not meant a delivery instanter; but the character of the property sold, its situation, and all the circumstances must be taken into consideration in determining whether there was a delivery within a reasonable time, so as to meet the requirement of the…
2Cited by3 opinions
- Dubois v. SpinksCalifornia Supreme Court · 1896
- Guthrie v. CarneyCalifornia Court of Appeal · 1912
- Carpenter v. ClarkNevada Supreme Court · 1866