Beggs

Beggs v. Smith

Good Law
1915 Cal. App. LEXIS 211·26 Cal. App. 532·147 P. 585
Court of Appeal of CaliforniaFebruary 12, 1915Civ. No. 1272.California4,204 words

Opinion

Lead Opinion

Hart, J.

This is an action in claim and delivery and, incidentally, for an injunction to prevent the defendants from selling or disposing of the personal property described in the complaint.

The plaintiff was awarded judgment, restoring to her the possession of the property in dispute and enjoining the defendants from “interfering with or selling or advertising for sale the said personal property or any part thereof.”

This appeal, supported by a bill of exceptions, is prosecuted by the defendants from said judgment.

The defendants, Smith and Rasmussen, are, respectively, sheriff of the county of Sonoma and constable of Petaluma township in said county.

The complaint alleges that the plaintiff was, on the third day of September, 1913, the owner and entitled to the possession of twelve hundred laying hens, she having, previously to said -date, “purchased the same with her separate funds and money from her separate estate”; that, at the time mentioned, said’ hens were “located on that certain lot, piece or parcel of land commonly known as the ‘Isaac Kuffel Place,’ . . . in Petaluma Township, in Sonoma County,” etc., and that, on said day, the defendants, for the purpose of satisfying a…

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