Pierce v. Felter
California Supreme Court
Appeal from the District Court of the Eighteenth Judicial District, San Bernardino County. The plaintiff, as the lessee of certain agricultural lands, brought this action, alleging in his complaint that he had a leasehold estate for four years ; that Little Creek flows through the premises ; that the defendants adversely claim some interest in the premises and in the use and flow of the water; that such interests were without foundation in law; and he prayed that the Court…
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Appeal from the District Court of the Eighteenth Judicial District, San Bernardino County. The plaintiff, as the lessee of certain agricultural lands, brought this action, alleging in his complaint that he had a leasehold estate for four years ; that Little Creek flows through the premises ; that the defendants adversely claim some interest in the premises and in the use and flow of the water; that such interests were without foundation in law; and he prayed that the Court so decree. The defendants had judgment of nonsuit, and the plaintiff appealed.
1Opinion of the Court
By the Court :
The only question presented in this case is whether the owner of an estate or interest in land, less than an estate in fee, can maintain an action for the determination of an adverse claim made by another person. We think that he can. The Code of Civil Procedure (sec. 738) provides, in terms, that an action may be brought by any person against another who claims an estate or interest in real property adverse to him, for the purpose of determining such adverse claim.
We are unable to see any reason why the benefit of this statute, remedial in its character, should be confined to…
2Cited by17 opinions
- Pennie v. HildrethCalifornia Supreme Court · 1889
- German-American Sav. Bank v. GollmerCalifornia Supreme Court · 1909
- Johnson v. HurstIdaho Supreme Court · 1904
- Shields v. JohnsonIdaho Supreme Court · 1904
- Blakemore v. RobertsNorth Dakota Supreme Court · 1903
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