Parks v. Barney

Citations

• 55 Cal. 239

Syllabus

<p>Instbuctions—Jury—Tbial — Sale of Personal Pbofbbty—Fraud.—In an action for the recovery of personal property, in which the defendant justified the taking, as Sheriff, under an execution against the plaintiff’s vendor, the Court instructed the jury that the evidence showed that there was no immediate delivery, nor any actual and continued change of possession under the alleged sale to the plaintiff, and therefore to find for the defendant. Held, that the circumstances appearing in the case might perhaps have justified the jury in the finding that there was fraud, or that there was no delivery, or actual or continued change of possession; hut that the Court could not, in view of the testimony, say, as a matter of law, that the verdict should he for the defendant.</p>