Locke v. Peters
California Supreme Court
Ejectment to recover possession of lands in San Joaquin County. The complaint, in addition to the demand for possession, averred that the rents and profits of the premises during the time of the withholding were worth $1,500, and “that by reason of said withholding plaintiff has been damaged in the sum of $1,500.” The prayer was for restoration of possession and $1,500 damages.
Read the full summary
Ejectment to recover possession of lands in San Joaquin County. The complaint, in addition to the demand for possession, averred that the rents and profits of the premises during the time of the withholding were worth $1,500, and “that by reason of said withholding plaintiff has been damaged in the sum of $1,500.” The prayer was for restoration of possession and $1,500 damages. The answer contained general denials, and also special averments of defendant’s right to possession under a lease from plaintiff’s grantor. The plaintiff demurred “ to all of defendant’s answer which occurs after line…
1Opinion of the CourtMcKinstry, J.
—If (as alleged in the amended answer), all the right, title, or interest of plaintiff to the demanded premises was acquired from the Lodi mill and warehouse company, after the execution and registration of the five years’ lease by that *162company to Ellis, the entry of Ellis thereunder, and the occupation of defendant with the consent and approval of Ellis and the company, these facts would have been admissible under the denials of the averments of the complaint contained in the amended answer.
The term of the lease was five years from March 30, 1880, and the present ejectment was brought…
2Cited by4 opinions
- Capó Cintrón v. A. Hartman y CompañíaSupreme Court of Puerto Rico · 1940
- Nathan v. DierssenCalifornia Supreme Court · 1913
- Youdall v. KaufmanCalifornia Court of Appeal · 1921
- Capó Cintrón v. A. Hartman & Co.Supreme Court of Puerto Rico · 1940