Humphreys v. Harkey

Citations

• 55 Cal. 283

Syllabus

<p>Action to Recover Personal Property—Pleading—Justification—Evidence—Fraud.—In an action to recover personal property, where the defendant justified as Sheriff under a judgment and execution against the plaintiff’s vendor—whose property the answer alleged the goods to lie—the Court, on the ground that fraud had not been specially pleaded, excluded from the evidence the judgment roll under which the defendant justified, and also evidence tending to show that the sale by the judgment debtor, under which the plaintiff claimed, was not followed by an actual and continued change of possession. Held, that the defendant was not bound to anticipate the case of the plaintiff, or to assume under whom he would claim title, and that the ruling of the Court was therefore erroneous.</p>