Legal Opinion

Manly v. Howlett

California Supreme Court

Decided July 1, 1880No. 6,762PublishedCited by 23 opinions

Appeal from a judgment for defendant, and from an order denying a new trial, in the Sixteenth District Court, County of Kern. Beed, J. The facts are stated in the opinion.

1Opinion of the Court

Myrick, J.:

This is an action of ejectment to recover the possession of two lots of land situate in Bakersfield, Kern County, together with rents and profits. Plaintiff alleges that on the 11th of December, 1878, he was, has been ever since, and is, the owner, and is entitled to the possession of the lots, and that on that day defendants were, since have been, and are, in the adverse, wrongful, and exclusive possession of the lots. The answer of defendant Howlett denies the ownership of plaintiff, admits his own possession, alleges that he is lawfully in possession, denies the damage and the…

2Cases cited3 opinions

  1. Henshaw v. BissellSupreme Court of the United States · 1874
  2. Gardiner v. MillerCalifornia Supreme Court · 1874
  3. Freeman v. FreemanNew York Supreme Court · 1868

3Cited by23 opinions

  1. J. Bryant Kasey and Maryann Kasey v. Molybdenum Corporation of America, a CorporationCourt of Appeals for the Ninth Circuit · 1964
  2. Los Angeles & Arizona Land Co. v. MarrCalifornia Supreme Court · 1921
  3. Directors of Fallbrook Irrigation District v. AbilaCalifornia Supreme Court · 1895
  4. Husheon v. KelleyCalifornia Supreme Court · 1912
  5. Altschul v. O'NeillOregon Supreme Court · 1899

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