Bours v. Webster

Decided July 1, 1856

California Supreme Court · decided 1856-07-01

This was an action against the defendant, sheriff of the county of San Joaquin, for trespass, in seizing four thousand sacks of grain, alleged to be the property of plaintiff and one Sebastian Visher, as tenants in common, the one-half of which had been surrendered to Visher by defendant, before the commencement of this action. The defendant justifies the seizure as made under an attachment issued in an action brought by A. FT.

Cited by 5 later decisions — most recently January 1938

5 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1856-07-01

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The opinion of the Court was delivered by Mr. Chief Justice Murray.

¶1Mr. Justice Heydenfeldt and Mr. Justice Terry concurred.

¶2 *664Crops, growing upon land, are not goods and chattels, within the meaning of the Statute of Frauds, and will pass by deed or conveyance, from the very necessity of the case, as they are not susceptible of manual delivery until harvested and reduced to actual possession.

¶3The instructions given by the Court below, at the request of the defendants, as we think, are repugnant and contradictory to those before given, at the instance of the plaintiff, and were calculated to mislead the jury.

¶4Judgment reversed and cause remanded.