Garcia

Garcia v. Gunn

Good Law
119 Cal. 315·1897 Cal. LEXIS 895·51 P. 684
Supreme Court of CaliforniaDecember 16, 1897L. A. No. 253California2,404 words

Opinion

Lead Opinion

Chipman, J.

Claim and delivery for certain four thousand and fifty-six goatskins of the value of twelve hundred and sixteen dollars and eighty cents.

The court found against the plaintiff and in favor of defendant Porter, upon the issue of ownership and right of possession; *317 it also found that the sheriff of San Diego county took the property from the possession of said Porter, and has since delivered it to plaintiff, who still retains it. The trial was by the court and judgment passed for defendant Porter, and this appeal is from the judgment and from the order denying a new trial, and is here on bill of exceptions.

It appears from the evidence that Guadalupe island is situated about two hundred miles south of San Diego and about the same distance off the shore of Mexico, and belongs to that republic; that large numbers of wild goats—estimated as amounting to twenty-five thousand—roam at will over this island, which contains about one hundred and eighty square miles. It appears without conflict that the sldns in question were taken from wild goats, and were brought from that island by defendant Gunn at the instance of defendant Hunt and delivered to the latter in August, 1893, at San…

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