Sargent v. Sturm

Citations

• 23 Cal. 359

Syllabus

<p>Ip the original possession of property is acquired by a tort, no demand previous to the institution of a suit is necessary.</p> <p>If the tort feasor has parted with the possession of the goods tortiously obtained, in payment of a preexisting debt; or, if they have been sold on an execution against him, and bid in by a creditor, no demand of the purchaser is necessary before the institution of a suit; nor can the purchaser, who has obtained them in such manner, hold them against the original vendor.</p> <p>If a creditor of the fraudulent vendee levy on and sell the goods fraudulently obtained, on an execution against the fraudulent vendee, and become the purchaser at execution sale, he acquires no title; but a bona fide purchaser from the fraudulent vendee paying a valuable consideration without notice of the fraud, in the usual course of trade, would hold the goods against the vendor. Where the purchaser has obtained the goods from the fraudulent vendee, in payment of a preexisting debt, or as an execution creditor, it is not necessary, on the trial, to prove that he participated in the fraud of the fraudulent vendee.</p>