Cahoon v. Marshall

Citations

• 25 Cal. 197

Syllabus

<p>Possession of Personal Property.—An actual change of the possession of personal property, as distinguished from that which by mere intendment of law follows the transfer of title, is an open visible change, manifested by such outward signs as render it evident that the possession of the vendor has wholly ceased.</p> <p>Instructions to a Jury.—The jury are the exclusive judges of the facts, and it is erroneous for the Court to assume, in its instructions to the jury, that a certain fact exists, and then submit to them the question whether or not it does exist.</p> <p>Possession of Land.—The possession of real property is of two kinds: the one constructive, depending upon the title and the right to the actual possession, and the other subsisting in the actual occupation.</p> <p>Delivery of Personal Property.—Where one purchases land and receives a conveyance therefor, and at the same time buys personal property on the land, the question whether the vendee had actual possession of the land is an important one in determining whether there was an actual delivery of possession of the personal property.</p>