Daumiel v. Gorham

Citations

• 6 Cal. 43

Syllabus

<p>Where the goods of a third party are mixed with the property, o.r in the apparent possession of, the judgment debtor, the sheriff is not liable for levying on them as the property of the debtor, unless there has been notice and demand of the goods by the owner, and a delay or refusal to deliver.</p> <p>Where no such notice or demand was proved, it was error to charge the jury “that the sheriff was a trespasser, and that they were to find the value of the goods.”</p>