Triscony v. Beasley

Citations

• 49 Cal. 612

Syllabus

<p>Trespass or Trover for Injury to Personal Property.—The lessor of personal property, such as sheep, cannot maintain trespass or trover for an injury done to the property by a stranger during the term of the lease and while the lessee is in the actual possession of the property.</p> <p>Complaint in Trover.—A complaint in trover for taking personal property must aver a conversion of the same. An averment that the defendant unlawfully, fraudulently, willfully, and maliciously took the property, is not an averment of a conversion.</p> <p>Complaint for Taring Personal Property.—An averment in a complaint that a defendant unlawfully took personal property, is a mere averment of law, and an averment that he fraudulently took it, without stating the facts which constitute the fraud, is not a statement of an issuable fact.</p> <p>Construction of Pleadings.—Pleadings, in all matters of doubt, are to be most strongly construed against the pleader.</p> <p>Action fob Injury to Personal Property.—An action for injury to sheep, which was committed during the term for which they had been leased, and while the lessee was entitled to the possession, must be brought by the lessee.</p>