Zaro v. Dakan

Citations

• 76 Cal. 565
• 18 P. 680
• 1888 Cal. LEXIS 934

Syllabus

<p>Trover—Instruction — Possession—Ownership.—In an action of trover by a vendee of personal property against a sheriff for conversion thereof under an attachment against the vendor, it is error to instruct the jury that if plaintiff was the owner or in possession of the goods at the time of the attachment, he is entitled to recover. The ownership of the property is the sole question in issue.</p> <p>Possession as Evidence of Ownership.—Actual possession of property is only evidence of title, and may exist without ownership.</p> <p>Instruction — Appeal — Reversal. — An erroneous instruction not qualified or explained by other instructions is ground of reversal upon appeal.</p>