Doty v. O'Neil

Citations

• 95 Cal. 244
• 30 P. 526
• 1892 Cal. LEXIS 809

Syllabus

<p>Claim and Delivery—-Statute of Frauds — Chanqe of Possession — Constructive Possession—Instructions — Review upon Appeal.— In an action to recover the possession of personal property, involving a question as to actual and continued change of possession, under the statute of frauds, where it is claimed by the defendant upon appeal that the instructions for plaintiff tended to mislead the jury to infer that merely * constructive possession of the property was sufficient to uphold a transfer of the property to the plaintiff, as against an attaching creditor, the jury could not be misled, where the instructions, taken together as a whole, preclude such inference, and where it appears that even if the instructions objected to were not sufficiently definite as to the nature of the possession required, those given at the request of the defendant supplied the defect, and were not inconsistent therewith.</p>