Haley

Haley v. Traeger

Good Law
1928 Cal. App. LEXIS 926·92 Cal. App. 360·268 P. 459
Court of Appeal of CaliforniaJune 1, 1928Docket No. 5151.California1,523 words

Opinion

Lead Opinion

Hazlett, J.

This is an action in claim and delivery. Defendant, as sheriff of Los Angeles County, had seized the personal property in question as the property of one J. E. Lange, under a writ of attachment in an action brought by Richfield Oil Company against Lange. Plaintiff, claiming to be the owner of the property, demanded that defendant deliver it to him, and his demand being refused brought this action, and by means of this action obtained possession of the property from defendant. Judgment was given in favor of defendant requiring that plaintiff return the property to defendant or that plaintiff pay defendant $944.20 as the value of the interest of Lange in the property, and plaintiff appeals upon the judgment-roll alone.

The court found that certain described portions of the property were owned outright- by Lange and that the remainder were being purchased by him under executory agreements of sale. Appellant contends that there is no finding of the value of Lange’s interest in the portions of the property he was purchasing under the agreements. Finding YII of the findings of facts is in part as follows: “That for some months prior to May 24, 1923, and up to the 29th day of May, 1923,…

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