Goodwin v. Garr (1857) · DecisionDepot

Goodwin v. Garr

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1857Published

Before: Burnett, Terry

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Holding. The court held that the plaintiff established a prima facie case of ownership through evidence of possession and dominion over the personal property.

Issues

Whether the plaintiff's proof established a prima facie right to recover in the absence of evidence from the defendant.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Possession of personal property is prima facie evidence of ownership.”

“The possession of the servant is the possession of the master.”

“In this case, the plaintiff had possession for some considerable time before the seizure, and exercised dominion over the property.”

Synopsis

Possession of personal property is prima facie evidence of ownership. The possession of the servant is the possession of the master.

Burnett, J., delivered the opinion of the Court—Terry, C. J., concurring. The only question in the case is, whether plaintiff, by his proof, made out a prima facie right to recover in the entire absence of any proof on the part of the defendant.

We think the proof ample to show title prima facie in plaintiff. Possession of personal property is prima facie evidence of ownership. 2. Cal. Rep., 373. The possession of the servant is the possession of the master. 1 Cal. R., 161.

In this case, the plaintiff had possession for some considerable time before the seizure, and exercised dominion over the property.

Judgment affirmed.

Goodwin v. Garr

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