Byxbee v. Dewey

Citations

• 5 Cal. Unrep. 544
• 47 P. 52

Syllabus

<p>Replevin—Answer—Sufficiency of Denial.—A complaint, alleged that plaintiff was the owner and entitled to the possession of certain personal property taken by defendant. The answer denied that plaintiff was “the owner in possession and entitled to the possession” of the property, and alleged that defendant was, and had been for a long time, the owner and in the possession of the property. Held, that the affirmative averment was sufficient to negative the allegation that plaintiff was entitled to the possession.</p> <p>Sale—Change of Possession.—Defendant Purchased of a debtor a number of raisin trays in payment of a debt. The trays were not removed from the shed on the debtor’s farm where they were stored, but defendant wrote his name on a large number of them, and kept a man continuously at the debtor’s house to look after the trays. Held, that there was no such open and continuous change of possession as would render the alleged purchase valid as against execution creditors of the vendor.1</p>