Ross v. Sedgwick

Citations

• 69 Cal. 247
• 10 P. 400
• 1886 Cal. LEXIS 664

Syllabus

<p>Sale — Delivery—Change of Possession—Evidence. — The action was brought to recover damages for the conversion of certain household furniture. The defendant, a sheriff, justified the taking under an execution against the vendor of the plaintiff. The property in question constituted the furniture of a lodging-house kept hy the vendor, and was sold to the plaintiff in payment of an antecedent indebtedness. At the time of the sale, the plaintiff, a lodger in the house, immediately took possession of the furniture, notified the inmates of the house that he had bought it, and continued to exercise control over it until it was seized hy the defendant. Erom the time of the sale until a few hours before the seizure, the vendor of the plaintiff resided in the house, hut during most of the time was ill in bed. Held, that the evidence was sufficient to show that the sale was accompanied hy an immediate delivery, and followed hy an actual and continued change of possession.</p> <p>Id. —Possession of House. —Under such circumstances, the vendee might have taken actual possession of the furniture, although the legal possession of the house remained in the vendor.</p> <p>Id.—Sale in Payment of Indebtedness — Hindering and Delaying Creditors. — A sale of personal property in payment of an antecedent indebtedness is not void under section 3439 of the Civil Code, although the vendee knew that the effect of the sale would he to hinder and delay other creditors of the vendor in the collection of their debts.</p> <p>New Trial—Newly Discovered Evidence—Affidavits must Show Diligence.—A new trial will not be granted on the ground of newly discovered evidence, if no reason is shown in the moving affidavits why the evidence might not, with reasonable diligence, have been discovered and produced at the trial.</p>