FREDERICK GARFIELD WAITE, Plaintiff-Appellee, v. JAMES J. PETERSON, ET AL.

,
Defendants-Appellants.

G.R. No. L-3636, August 29, 1907

FACTS

Henry Manheim consigned a ring to L.K. Tiao Eng for P800.00. Later, Henry transferred the
ownership of the ring to Frederick Garfield Waite. Little did they know, the ring was attached
and was sold to James J. Peterson, et al. Waite filed a case for the recovery of the ring. He won.
Now, Peterson appealed this case before the Supreme Court.

ISSUE

Whether or not a personal property— whose legal owner just entrusted it to another and such,
was attached— can still be recovered even if the possession is transferred to another? (YES)

RULING

When the property of one person is unlawfully taken by another, the former has a right of action
against the latter for the recovery of the property or for damages for the taking or retention, and
he is entitled to his choice of these two remedies. This is also a right which may be transferred by
the sale or assignment of the property, and the transferee can maintain either action against the
wrongdoer.

When, however, the owner seeks to make the sheriff responsible for such wrongful act he must,
in order to preserve his right against the sheriff, comply with the provisions of section 451 of the
Code of Civil Procedure.

If a sheriff levies upon property at the instance of a creditor and is indemnified by the latter, the
creditor is thenceforward liable for the acts of the sheriff with respect to the property.