If a party who has charge of the property of others shall so confound it with his own that the line of distinction cannot be drawn, all the inconvenience shall be thrown upon him who causes the confusion; and he shall distinguish his own property or lose it.
(Orig. Code 1863, § 3064; Code 1868, § 3076; Code 1873, § 3131; Code 1882, § 3131; Civil Code 1895, § 3990; Civil Code 1910, § 4587; Code 1933, § 37-302.)
RESEARCH REFERENCES
ALR.
- Law regarding confusion of goods as applied to live stock, 10 A.L.R. 765.
Right to protection against simulation of physical appearance or arrangement of place of business or vehicle, 28 A.L.R. 114.
Necessity and sufficiency of identification of goods sold as condition of avoidance of debtor's exemption against claim for purchase price, 150 A.L.R. 1329.
Confusion of goods by accident, mistake, or act of a third person, 39 A.L.R.2d 555.