Hart v. Mead

Citations

• 84 Cal. 244
• 24 P. 118
• 1890 Cal. LEXIS 798

Syllabus

<p>Statute of Frauds — Delivery and Change of Possession from Father to Daughter—Sale of Interest in Cattle Running at Large.— Evidence which tends to show a bona fide sale for value by a judgment debtor to his daughter, though living in his household, of an interest in cattle running at large, on a range of very considerable extent, without notice to the daughter of the existence of the debt, and that immediately after the sale the daughter assumed control of such interest, and performed all the duties which would pertain to a man similarly circumstanced, having charge of and owning a like interest in cattle running on such a range, and that she notified all the co-owners as well as other persons of her purchase, and secured a division of the cattle, and received and retained control and care of her share of the cattle, after division, as fully and assiduously as a man would take care of his own cattle in a like case, is sufficient to warrant the jury in believing that the sale was in fact bona fide and accompanied by an immediate delivery, and followed by an actual and continued change of possession, and in sustaining the validity of the sale as against the judgment creditor of the father.</p>