Riebli v. Husler

Citations

• 7 Cal. Unrep. 1
• 69 P. 1061

Syllabus

<p>Community Property.—The Presumption That Cattle Bought by the husband during the marriage were community property is not overcome by the wife’s mere testimony that they were bought with her money, and that she had a certain amount of money in banks and loaned when she was married, three years before the purchase; they having been placed on a ranch occupied by them under a lease to the husband alone, and treated as his property by his afterward giving her, when he was insolvent, a bill of sale thereof.1</p> <p>Sale—Change of Possession.—A Recorded Bill of Sale from Husband to wife of cattle, possession of which remained as before on a ranch occupied by husband and wife, but leased to him alone, is within Civil Code, section 3440, providing that a transfer of personalty, made by one having the possession or control thereof, and not accompanied by delivery and followed by change of possession, is void against the seller’s creditors.</p>