Tewksbury v. Magraff
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, Contra Costa County. This was an action of ejectment, and for the recovery of damages. The complaint alleges plaintiff’s seizin of a tract of land described, in Contra Costa County, and his ouster therefrom by defendant. The answer denies all the allegations, and as a further defence, sets up in defendant a cotenancy with the other owners of the “ San Pablo Ranch,” of which the demanded premises constitute a part.
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Appeal from the District Court, Fifteenth Judicial District, Contra Costa County. This was an action of ejectment, and for the recovery of damages. The complaint alleges plaintiff’s seizin of a tract of land described, in Contra Costa County, and his ouster therefrom by defendant. The answer denies all the allegations, and as a further defence, sets up in defendant a cotenancy with the other owners of the “ San Pablo Ranch,” of which the demanded premises constitute a part. The cause was tried before the Court without a jury. The following are the material facts found by' the Court, in…
1Opinion of the Court
By the Court, Sanderson, J.:
Whether a tenant can dispute his landlord’s title depends upon a variety of circumstances. The general rule is that he cannot, and that the estoppel continues, not to the end of the term merely, but to the end of the tenant’s occupation, or, where there has been a repudiation of the tenancy and a subsequent adverse holding by the tenant, until the Statute of Limitations has run in his favor. He cannot set up an outstanding title which he may have acquired. Before he can avail himself of such a title he must surrender the possession. (Doe on the demise of Knight v.…
2Cases cited5 opinions
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
- Willson v. CleavelandCalifornia Supreme Court · 1866
- Greeno v. MunsonSupreme Court of Vermont · 1837
- Gleim v. RiseSupreme Court of Pennsylvania · 1837
- Reay v. CotterCalifornia Supreme Court · 1865
3Cited by41 opinions
- Tyler v. DavisTexas Supreme Court · 1884
- Franklin v. MeridaCalifornia Supreme Court · 1868
- Davis v. McGrewCalifornia Supreme Court · 1889
- Union Pacific Railroad v. Santa Fe Pacific Pipelines, Inc.California Court of Appeal · 2014
- Knowles v. RobinsonCalifornia Supreme Court · 1963
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