Bufkin v. Cline

WILBUR, J.

This is an action of claim and delivery. Plaintiff had judgment and defendants appeal. Defendants

[382]

predicate their right to the ¡property in. question upon an attachment issued October 14, 1915, against the -property of Katherine Van Alstyne, levied by the defendant sheriff upon the property in question on said date. No specific description of the property is contained in the briefs other than in the findings of the court that said .property consisted of household furniture and furnishings and bric-a-brac of said household. Respondent’s wife died in 1900. At that time the personal property in question was the community property of himself and wife. Respondent’s daughter Katherine thereafter married Van Alstyne, and the plaintiff gave the possession of said furniture to her. The property remained continuously in her possession until July 26, 1915, when it was stored in the warehouse of the Bekins Van & Storage Warehouse, and Katherine Van Alstyne executed a bill of sale thereof to plaintiff. The arrangement between the father and daughter under which she retained possession of the furniture is thus found by the court: “ On or about the first day of December, 1900, upon the death of said Jane H. Bufkin [plaintiff’s wife] plaintiff loaned and delivered the possession of said personal property and the whole thereof to the defendant Katherine Van Alstyne for her use during her life as long as she should desire to- use the same, or upon her death or surrender of the property, the title to the same to at once be vested in plaintiff, with the right to the immediate possession thereof, reserving in himself the right to recall and repossess himself of said property, or any part thereof, at any time, and continuously between the first day of December, 1900, and the twenty-sixth day of July, 1915, defendant Katherine Van Alstyne continuously had possession of and used the same in her home as the household furniture of herself and family. On or about the last-mentioned date defendant Katherine Van Alstyne gave up housekeeping, surrendered the possession of said furniture to plaintiff and as evidence of such transfer of title and possession and redelivery, made, executed and delivered to him a bill of sale, bearing date the twenty-sixth day of July, 1915, which was duly recorded July 27, 1915. That on July 26, 1915, plaintiff took possession of said .property and that the same has remained in storage with the Bekins Van & Storage Warehouse.” The .court also found that there was no intention to defraud creditors in connection with the change of owner