Henderson v. Hart

Citations

• 122 Cal. 332
• 54 P. 1110
• 1898 Cal. LEXIS 581

Syllabus

<p>Trover—Replevin—Change of Action—Amendment of Complaint at Trial.—It is not an abuse of discretion to permit an amendment of a complaint in an action of replevin to be made upon the trial after the close qf the evidence, so as to transform the action into one of trover to recover damages for conversion of the property, where it appears from the evidence that the defendant, who, as a constable, had seized the property under execution against plaintiff’s grantor, had sold it before the commencement of the action, and it does not appear that plaintiff knew of such sale when the action was brought.</p> <p>Id.—Motion to Set Cause After Amendment.—A motion of the defendant to set down the cause for trial on the issues raised upon such amended complaint, which “was heard on the papers and the evidence in the case,” without any showing that any further evidence existed than that which had already been produced, which was relevant to the case as it stood on the amended complaint, was properly denied.</p> <p>Id.—Personal Property Seized Under Execution—Verified Claim of Title—Purchase from Two Persons Named.—A verified written claim of title served by the claimant of personal property (which was all of the same kind) levied upon by an officer under execution, pursuant to sections 549 and 689 of the Code of Civil Procedure, which states that affiant acquired title to the property from two persons named, sufficiently apprises the officer of the source of the claimant’s title, whether the property was wholly acquired from such persons jointly, or in part from each of them severally.</p> <p>Id.—Animals Held by Execution Debtor as Agister—Actual and Continued Change of Possession.—Where there was such an immediate delivery and actual and continuous change of possession of animals sold as to sustain a finding of a transfer of title to the property to the vendee as against the creditors of the vendor, the fact that they were afterward delivered to him as an agister for hire will