Esponda
Esponda v. Kelly
Opinion
Lead Opinion
Nourse, J.
Action for damages for conversion. Plaintiff recovered judgment and defendants appeal. The case comes before this court on the judgment-roll alone, no transcript of evidence or bill of exceptions having been filed. The facts as found by the trial court are that at all times prior to September 5, 1917, plaintiff’s husband, Bernardo Esponda, was the owner of and entitled to the possession of certain personal property, to wit, nine head of cattle, which was the community property of plaintiff and her husband; that on that date he assigned to plaintiff as her separate property all of his right, title, and interest therein, together with all rights, claims, and demands growing out of his previous ownership thereof; that on or about September 22, 1914, plaintiff’s assignor placed said cattle, which were then calves of approximately one year of age, in the care, custody, and keeping of one Ansolabehere as a bailee for hire for the purpose of pasturing them, and Ansolabehere then and there agreed to return the cattle to plaintiff’s assignor upon demand. Five days later “defendant J. J. Kelly took and received the said cattle from the possession of the said Ansolabehere, and in…