Helm v. Dumars

Citations

• 3 Cal. 454

Syllabus

<p>A judgment which is right will not be reversed because it is rendered upon a wrong reason.</p> <p>Fuller purchased some yokes of oxen of Helm, the appellant, for $1000, paid $200 down, and gave his note, with C. as surety, for the balance; C. signed the note on the express condition that title to the oxen was to remain in Helm till they were fully paid for. Fuller was to have the 'absolute use of them. The oxen were placed in the hands of a brother of Helm, who was in the employ of Fuller, as a driver, with the intention of securing the title in Helm. The defendant, a constable, levied upon and sold the oxen, thus situated, as the property of Fuller.</p> <p>Held, that the sale by Helm to Fuller was absolute, and that Fuller had such a right of property in them as was subject to execution.</p> <p>That Helm retained no effective lien upon the property. There was no agreement in writing to that effect, nor did Helm, as mortgagee, retain possession; but it was under the control and direction of Fuller. The legal consequences of this condition of things cannot be evaded by showing that the property was in the possession of Fuller’s hired servant as agent or trustee.</p>