Claudius v. Aguirre

Citations

• 89 Cal. 501
• 26 P. 1077
• 1891 Cal. LEXIS 844

Syllabus

<p>Statute of Frauds — Sale of Personal Property — Delivery and Change of Possession — Question of Fact — Conflicting Evidence — Appeal. — What constitutes an “immediate delivery” or an “actual and continued change of possession ” of personal property within the meaning of section 3440 of the Civil Code, providing that transfers of personal property are “conclusively presumed tobe fraudulent where they are not accompanied by an immediate delivery and followed by an actual and continued change of possession of the things transferred,” is a question of fact to be determined by the court, and where the evidence upon the point is conflicting, the finding of the trial court that there was a delivery and change of possession is conclusive, even though there may be evidence tending strongly to show an attempt to evade the statute.</p> <p>Claim and Delivery — Judgment for Delivery Alone.—In an action to recover the possession of personal property, where the delivery of the property is made to the plaintiff before the judgment, a judgment in favor of the plaintiff for its possession is sufficient, without an alternative judgment for its value.</p>