Grum v. Barney

Citations

• 55 Cal. 254

Syllabus

<p>Action to Recover Personal Property—Pleading — Answer—Eraud.— In an action for the recovery of personal property, the complaint alleged ownership and a taking by defendant; and the defendant in Ms answer denied the ownership, and justified the taking, under an execution issued to him as Sheriff, against one L, Held, that the defendant was not bound to anticipate the ease of the plaintiff, or to assume that he claimed as vendee of L., and that the answer averred all that was necessary to make up the material issues.</p> <p>Id.— Sale of Personal Property —Delivery—Change of Possession— Eraud.—In the same action, it appeared that L., being the owner of the property in controversy, consisting of horses and hay, sold and delivered the same to the plaintiff, and at the same time leased to him the ranch on which the property was, and of which the plaintiff, as the servant of IV, had for some time been the sole actual occupant; and that the property remained upon the ranch until taken by the defendant. Heldr—the jury having found for the plaintiff, and the Court having granted a new trial—that there was no apparent change in the mode of the plaintiff’s occupation, when he ceased to be the servant of D. and became his lessee, and that the Court below did not err in granting a new trial.</p>