Wright v. Ward

Citations

• 65 Cal. 525
• 4 P. 534
• 1884 Cal. LEXIS 620

Syllabus

<p>Execution—Sake of Interest of a Partner—Conversion.—A sheriff, in enforcing a writ of execution against a member of a partnership, should take possession of the partnership property and sell the interest of the execution debtor therein, and he may deliver the possession of the entire property to the purchaser, who becomes a tenant in common with the other partner. Such seizure, sale, and delivery of possession is not a conversion of the other partner’s interest, although at the time of the levy and sale the execution debtor would have had no interest in the partnership property, had there been an accounting between the partners.</p> <p>Id. — Statute oí Limitations.—A subsequent sale of the entire property and an appropriation of the proceeds by the purchaser is a conversion, and the Statute of Limitations begins to run in his favor from the date of the sale by him.</p> <p>Id.—Burden op Proof.—In an action against the purchaser, the burden of showing the bar of the statute is on the defendant.</p> <p>Id.—Accounting with Purchaser of One Partner’s Interest—Parties.— In an action for an accounting between one member of a partnership and a purchaser of the interest of the other partner at an execution sale, the partner whose interest has been sold is a necessary and indispensable party to the action, notwithstanding it is alleged and proved that he is out of the State, and his whereabouts is unknown.</p>