Hesthal v. Myles

Citations

• 53 Cal. 623
• 1879 Cal. LEXIS 66

Syllabus

<p>Personal Property—Change of Possession—A constable having attached certain personal property, an action for its recovery was brought against the officer by one claiming the property as a purchaser from the defendant in the attachment proceedings. The District Judge charged the jury that, if the property was delivered to plaintiff, and was under his control from the date of the alleged purchase to the levy of the attachment, a period of six days, the sale was valid as against the attaching creditor: held, in view of the facts in evidence, that the question of actual and continued change of possession should have been submitted to the jury.</p>