Walden v. Murdock

Citations

• 23 Cal. 540

Syllabus

<p>An appeal from an order refusing a new trial, although taken more than one year after the rendition of judgment, brings up the whole record, and the Supreme Court, if satisfied that the Court below erred in refusing a new trial, may reverse the order and grant a new trial, the effect of which will be to vacate the judgment.</p> <p>When an appeal is taken from an order granting or refusing a new trial, no statement on appeal need be made or filed after the entry of the order, but the statement prepared and used on the hearing of the motion in the Court below, will be sufficient in the Supreme Court.</p> <p>A bond fide purchase made by a creditor of the goods of his debtor, who is in insolvent circumstances, is not fraudulent, merely because such creditor thereby obtains a preference over other creditors, and may be aware at the time that his purchase will have the effect of delaying or defeating the other creditors in the collection of their debts.</p> <p>A bona fide sale of cattle roaming at large over the plains, upon a defined or certain range, is not fraudulent as against the creditors of the vendor, merely because the sale is not followed by an immediate delivery of possession; but the parties are entitled to a reasonable time after the sale, to prepare for a rodeo, and give the proper notices thereof, in order that they may separate the cattle purchased from stock owned by others, and to properly mark and brand them; and in the meantime the rights acquired by the purchaser will not be lost.</p> <p>Where cattle, roaming at large, purchased in good faith, are collected together and marked with the brand of the purchaser, and then allowed to pasture on their accustomed range, these acts constitute a good delivery and continued change of possession.</p> <p>A mere execution of a bill of sale of cattle roaming at large, in which the brand with which they are marked, is described, accompanied by á delivery of the branding iron, does not constitute a delivery of pos