Lay v. Neville

Citations

• 25 Cal. 545
• 1864 Cal. LEXIS 67

Syllabus

<p>Complaint.—An allegation in the complaint, of the place where the property was taken, in an action to recover possession of personal property, is surplusage.</p> <p>Denial in Answer.—Where the complaint avers that the defendant wrongfully and unlawfully took and carried away personal property, and the answer denies that defendant wrongfully and unlawfully took and carried it away, it is a confession of the taking and carrying away, and a denial merely of its wrongful character.</p> <p>Sheriff’s Bill of Sale.—A Sheriff’s hill of sale of personal property sold on execution need not contain all the formalities of a regular certificate.</p> <p>Sheriff’s Sale of Personal Property.—When a Sheriff sells personal property on an execution, where he has no authority to do so, if the execution defendant is present and consents to the sale being made, the purchaser will acquire a good title as against the defendant in the execution.</p> <p>Sale of Personal Property.—The acts required to prevent a sale of personal property from being declared fraudulent for want of an immediate delivery and actual and continued change of possession, depend very much on the character and quantity of the property sold.</p> <p>Proof of Boundary Line of a County.—The boundary lino of a county cannot be proved by evidence showing where it is reputed to run among persons living near the line, except where it is an ancient boundary and depends upon prescription, or cannot be proved except by parol.</p> <p>Same.—Where a boundary line of a county can be proved by reputation, the pi:oof must be confined to the declarations of persons having knowledge of the matter, and who are since deceased.</p>