An actual question from the October 1939 California bar exam. I came across it in a case brought against the state bar by a student who had failed. Cows! Bootlegging! Good times!

Peters owned two cows, Nellie and Bossy, which he grazed upon his ranch, Blackacre. Nellie was stolen in August, 1935, by a neighbor, Daniels, who regularly used her in his dairy until September, 1937, at which time he sold her by bill of sale to one Smith, who was unaware of her previous theft by Daniels. Smith has since kept her together with a calf to which she gave birth in October, 1937.

Bossy was wrongfully converted by Daniels in August, 1938. Peters secured a judgment for her value against Daniels in July, 1939, but has been unable to collect anything thereunder.

In August, 1939, one Jones removed some grain worth $ 100 from Blackacre in the honest belief that the particular area from which the grain was taken was part of an adjoining tract which he had leased. Jones has made liquor worth $ 210 from the grain.

All of the above facts occurred in the State of Magenta, which has a statute providing that an action for the recovery of personal property must be commenced within three years. In October, 1939, Peters asks you whether he is entitled to recover either by suit or peaceable self help:

(1) Nellie and her calf from Smith

(2) Bossy from Daniels

(3) The liquor or the value thereof from Jones

Staley v. State Bar of California, 17 Cal. 2d 119 (1941).

06 Apr 06