Murphy v. Mulgrew

Citations

• 102 Cal. 547
• 36 P. 857
• 1894 Cal. LEXIS 684

Syllabus

<p>Sale—Statute of Frauds —Insufficient Change of Possession—Husband and Wife—Horses Upon Homestead.—Where a wife purchased from her husband horses upon the homestead, upon which they both resided at the time of the purchase, and, by agreement between them, the husband took charge of them for the wife, and drove and managed them the same as before the bill of sale was made, there is no such immediate delivery and actual and continued change of possession of the property as is contemplated by section 3440 of the Civil Code.</p> <p>Id.—Possession of Vendor as Agent of Vendee—Public Notice of Change.—The object of the statute is to require notice to the world of the transfer of personal property, and its efficiency would be defeated if the vendor were allowed to remain in possession of the property as the agent of the vendee, in the absence of a notice to the world of a change of ownership.</p> <p>Id.—Relationship Between Parties Immaterial—Statutory Construction.—The relationship existing between the parties is a matter wholly immaterial; and the fact that a vendor and vendee are husband and wife, or parent and child, is no reason why the provisions of the statute should receive a different or more liberal construction.</p> <p>Id.—Husband and Wife—Inventory of Wife’s Separate Property— Construction of Code.—Whatever may be the scope and purpose of section 165 of the Civil Code providing for the recording of the inventory of the separate property of the wife, it is not entitled to a construction, that would nullify the provisions of section 3440 as to fraudulent transfers of personal property requiring an immediate delivery and actual and continued change of possession.</p> <p>Id.—Declarations of Vendor in Possession After Sale.—The declarations of the vendor as to the character of his possession after the sale, and while in the actual possession of the property, are admissible against the vendee.</p> <p>Id.—Replevin—Compensation for Money Expended—Note for Attorney’s