Freeman v. Hensley

Citations

• 3 Cal. Unrep. 536
• 30 P. 792
• 1892 Cal. LEXIS 1043

Syllabus

<p>Sale—Change of Possession—Evidence.—In an action of claim and delivery against a sheriff for seven horses taken on attachment against plaintiff’s vendor, it appeared that the sale to plaintiff was bona fide, and that there was an “immediate delivery.” The evidence showed that soon after the delivery plaintiff employed a man who had been in the service of his vendor, and put him in charge of the horses; that with six of them in a team he and said vendor, with a like team, did a large amount of plowing for a third person; that while doing the plowing one of the horses of plaintiff’s team was exchanged, for convenience in working, for one of the horses of his vendor’s team. Held, that the evidence supported the finding that there was an “actual and continued change of possession” following the sale of the property to plaintiff.</p> <p>Sale—Change of Possession—Evidence.—In such case, evidence as to whom credit was given for the plowing done by plaintiff’s team is immaterial, in the.absence of an. offer to show that the credit was given by his direction.</p> <p>Sale—Change of Possession—Evidence.—In such case, a witness having testified in chief that he never heard the vendor, during a certain time, make any statement as to the ownership of the property, it was proper to ask him, on cross-examination, if the vendor did not, in a particular conversation during that time, tell him the horses belonged to plaintiff.</p>