1 Cal. Unrep. 832
Decided March 21, 1874
California Supreme Court · decided 1874-03-21
This was an action of replevin to recover a lot of cattle claimed by the plaintiff to be his. They had been taken by a sheriff in execution of a judgment against brothers of the name of Schultz and when seized were, with many other cattle variously owned, on an island occupied by one of the brothers and were branded with the Schultz private mark.
Decided 1874-03-21
¶1— The evidence in this ease is insufficient to show such an immediate delivery, and actual and continued *833change of the possession of the property, as is required to satisfy the statute of frauds.
¶2Judgment and order reversed and cause remanded for a new trial.