Hurlburd v. Bogardus

         Cited, Fitzgerald v. Graham , 4 Cal. 289; Stewart v. Scannell , 8 Cal. 82; Whitney v. Stark, Id. 517; Vance v. Boynton, Id. 554.

         JUDGES: Terry, C. J., delivered the opinion of the Court. Baldwin, J., concurring.

         OPINION

          TERRY, Judge

         In this case, there was no such actual and continued change in the possession of the property, under plaintiff's purchase, as to take the case out of the operation of the statute of frauds. It remained in charge of the same person, at the same place, and was used in the same manner after as before such purchase.

         Judgment affirmed.