Bleven v. Freer

Citations

• 10 Cal. 172
• 1858 Cal. LEXIS 204

Syllabus

<p>The owner of property attached or levied upon as the property of another, is not conclusively estopped from showing title in himself, because he has given an accountable receipt fur its delivery to the officer, although the receipt admits that the property is attached or levied upon as ike property of the debtor, if he makes known to the officer his claim at or before tho timo the receipt is given. But if he fails to make his claim known, and thus influences the conduct of tho officer, he is estopped from afterwards asserting it; provided, the facts and circumstances relating to his claim were then known to him.</p> <p>The admission that the property is attached or levied upon as the property of the debt- or, and the promise of the owner to deliver it to tho officer, constitute prima facie evidence of ownership in the debtor; and, unless overcome by proof on tho part of the claimant, must be decisive against him.</p> <p>To overcome this prima facie ownership in the debtor, tho receiptor must prove two things : first, that he claimed the property; second, that it was in fact his own.</p> <p>A judgment will stand though tho wrong reason ho given for it.</p> <p>It is sufficient, to sustain the decision of tho Court below, that there is one conclusivo ground upon which it can rest.</p>