Myers v. Moulton

Belcher, C. C. This action was brought to recover from the defendants the possession or value of a wagon, set of double harness, and a horse.

At the commencement of the action the plaintiff claimed a delivery of the property to himself, and by proper proceedings took it from the defendants. The defendants answered separately, each admitting that he was in possession of the property when the action was commenced, and denying all the other allegations of the complaint, and then, averring the value of the property, and that it had been taken from him, demanded judgment for its return.

After trial the court below found that the plaintiff was the owner and entitled to the possession of the wagon and set of harness, and that he was not the owner [500]or entitled to the possession of the horse, but the defendants were lawfully in its possession, and as against plaintiff, entitled to its possession.

Judgment was then entered that the defendants have a return of the horse, with damages in the sum of one dollar for its detention, and their costs, or in case a return could not be had, that they recover from the plaintiff its value fixed at six hundred dollars.

The plaintiff moved for a new trial, and his motion being denied, appealed from the judgment and order.

It appears from the evidence that the plaintiff and the wife of defendant Moulton were partners engaged in the business of stock-raising upon a ranch owned by them in Lassen County. They owned, in equal shares, a large band of horses, and also the horse in question, which was a stallion, known as J. W. Mackay, and was kept upon the ranch for breeding purposes. Defendant Moulton lived upon the ranch and took charge of the business and property for his wife. About the 1st of January, 1884, the horse was pledged to one Frank Horn to secure the payment of a sum of money borrowed for ranch purposes. Horn took and held possession of the horse till some time in the month of June following. On the 7th of June, 1884, plaintiff made a bill of sale which reads as follows:—

“Madeline Plains, Lassen County, Cal.

“ Moulton & Myers’s Ranch, June 7, 1884.

“ Know all men by these presents, that I, Jacob Myers, party of the first part, do sell all my real and personal property, located in Lassen County, California, to John T. Alexander and J. C. Frazer, of the same county and state, for the sum of three thousand dollars, gold coin ' of the United States, for value received, the receipt of which is hereby acknowledged.