Garcia v. Gunn

Citations

• 119 Cal. 315
• 51 P. 684
• 1897 Cal. LEXIS 895

Syllabus

<p>Claim and Delivery—Right of Possession—Subsequently Acquired Title. To sustain an action of claim and delivery of personal property, the plaintiff must have a right to the immediate and exclusive possession thereof at the time of the commencement of the action, through some general or special property therein, though it is not essential that plaintiff should ever have had actual possession of the property claimed. A subsequently acquired title is not alone sufficient to sustain the action.</p> <p>Id.—Skins of Wild Goats—Lease of Island by Mexican Government-Title of Assignee—Assignment without Consent—Breach of Condition—Subsequent Consent.—A lease of an island by the Mexican government to the assignor of plaintiff, conferring a right to utilize the wild goats thereon, with a right of selection for the purpose of killing them in moderation, and containing a condition against assignment of the lease without the consent of the lessor, conferred upon the lessor only the option to forfeit the lease for breach of the condition, and the assignment thereof to plaintiff without previous consent of the lessor was not void, but passed the term to plaintiff, and upon subsequent consent of the Mexican government to the assignment, the assignee took all the rights of the lessee as of the date of the assignment, and became entitled to the immediate and exclusive possession of the skins of wild goats taken from such island subsequent to the date of the assignment.</p> <p>In.—Effect of Reservation not Selected—Condition Subsequent—Option of Government.—A reservation in the lease of the island of fifty hectares for public user, not designated or selected, but to be decided upon by the Mexican government, has the effect of a condition subsequent at the option of the government; and until the selection should be made by the government, the plaintiff had the right to the whole island, and to the control and right of possession of all the goats thereon.</p> <p>Id.—Trespass and Killin