Affierbach v. McGovern

Citations

• 79 Cal. 268
• 21 P. 837
• 1889 Cal. LEXIS 717

Syllabus

<p>Replevin — Pleading—Averment op Ownership.—A complaint in an action to recover the possession of personal property which only avers ownership and right of possession in the plaintiff at a time more than four years before the commencement of the suit is clearly bad. A complaint to be good must show a cause of action in favor of the plaintiff and against the defendant existing at the time the action is commenced.</p> <p>Id. — Estates of Deceased Persons — Right of Action of Administrator— Cessation of Authority.—An administrator cannot maintain an action to recover personal property belonging to the estate after he has ceased to be administrator of the estate.</p> <p>Id.—Sale to Administrator—Payment of Judgment Due Estate — Descriptio Personjb. —A bill of sale of personal property to an administrator by a judgment debtor of the estate, in consideration of the payment and satisfaction of the judgment by the administrator, passes title to him individually, and not as administrator, if all other things necessary to pass title to personal property were performed. The reference to the administrator should be regarded as descriptive of the person.</p> <p>Id. —Agency — Attorney and Client. —A hill of sale made to an administrator by the procurement of his attorney, who received the purchase-money from the defendant to buy the interest of the partner of defendant in certain personal property previously sold by the defendant to the administrator, said purchase being made to prevent a judicial sale thereof at the suit of such partner, passes no title to the administrator which he can assert against the defendant, if such bill of sale to the administrator was not authorized by the defendant.</p> <p>Notice of Motion for New Trial — Statement — Appeal.—It is not necessary to bring the notice of intention to move for a new trial to the appellate court, or to make it part of the statement.</p>