Porter v. Bucher

Citations

• 98 Cal. 454
• 33 P. 335
• 1893 Cal. LEXIS 943

Syllabus

<p>Sale of Personal Property—Delivery and Change of Possession—Hay upon Homestead—Bona Fide Purchase by Wife from Husband — Custom as to Peed of Cattle — Question of Fact.—Where a wife living with her husband upon a farm, which he has claimed as a homestead, is the owner of cattle and horses upon the farm, which are her separate property, and purchased from her husband, the crop of bay grown upon the homestead, after it had been stacked in corrals, the gates of which she then closed and fastened, and immediately began to feed the hay to her stock, there being no question as to the bona fide of the sale, and there being evidence of a custom in that vicinity for cattle-owners who bought hay in the stack to take the cattle to the hay, and feed them there, without removing the hay, the question whether there was an immediate delivery and actual and continued change of possession of the hay so purchased is one of fact for the jury to determine.</p> <p>Id.—Conversion of Hay by Assignee in Insolvency—Instruction__In an action for damages for the conversion of the hay which the wife had purchased, brought by the wife against the assignees in insolvency of the husband, wlio had replevied the hay from the husband, it is error to instruct the jury that the sale to the wife was absolutely void, for want of an immediate delivery and continued change of possession of the hay, and that it was the duty of the jury to find for the defendant.</p> <p>Id.—Removal of Hay—Ownership of Bans—Joint Tenancy of Homestead —Possession of Hay.—The wife was not bound to remove the hay to other land, nor to own. the the land upon which the staclcstood, and her joint tenancy of the homestead with her husband prevented the possession of the hay from being wholly in the husband.</p> <p>Id.—Feeding of Husband’s Stock for Services Rendered—Evidence—Control of Husband.—The fact that two cows and two horses of the husband were fed from the wife’s hay after the purchase, in consideration of his services i