Bickerstaff v. Doub

Citations

• 19 Cal. 109

Syllabus

<p>An execution is sufficient justification to a Sheriff for the seizure of the property of the debtor, whether it be in his actual possession, or in the possession of an agent or parties holding it for his benefit.</p> <p>Where a stranger to an execution is in possession of property, claiming it as his own by virtue of a transfer to him from the debtor, which would prevent the latter himself from retaking the possession, the Sheriff cannot justify without producing both execution and judgment.</p> <p>A sale of property by a debtor, even if void as against creditors, is good as between himself and his vendee, and all the world except his creditors. And such sale cannot be attacked by a creditor merely from the fact that he is a creditor, but only when he has a judgment establishing his debt and an execution issued thereon, or has some process regularly issued, as in the case of attachment, authorizing a seizure of the property.</p> <p>Where W. agreed to sell a team and wagon to T., he to have the use thereof to draw wood to be delivered to W., and by him to be credited at the market price on the price of the team and wagon—the property to belong to W. until so paid for—and the performance of the contract was entered upon by T.: Held, that the contract is valid; that until a neglect or refusal by T. to complete the performance, W. could not have reclaimed the property, nor could the Sheriff, under an execution against him, until then seize it.</p> <p>Held, further, that the Sheriff could not question the transfer unless it were made to hinder, delay or defraud creditors, and then he must produce both judgment and execution.</p>