Chant v. Reynolds
California Supreme Court
Appeal from the District Court, Fifth Judicial District, County of San Joaquin. Ejectment to recover the north-west quarter of section twenty-eight, township three north, range seven east, Mount Diablo meridian. The action was commenced March 7, 1873. The demanded premises were selected by the State of California in 1863, as a part of a grant made by Congress.
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Appeal from the District Court, Fifth Judicial District, County of San Joaquin. Ejectment to recover the north-west quarter of section twenty-eight, township three north, range seven east, Mount Diablo meridian. The action was commenced March 7, 1873. The demanded premises were selected by the State of California in 1863, as a part of a grant made by Congress. The selection was made by the State Locating Agent, in accordance with the laws of this State, who notified in writing, the Register of the United States Land Office for the district, that said selection had been made. This notification…
1Opinion of the Court
By the Court, Crockett, J.:
1. The judgment in the case of Reynolds v. Lowry was not a bar to the present action. Lowry entered as a tenant under Peat; and, after the death of the latter, attorned to his administrator, and Was holding the possession in this manner at the commencement of the action. There is nothing in this record to show that the administrator had notice of the pendency of the action; and it is well settled that a landlord is not bound by a judgment in ejectment against his tenant, unless he had a notice of the action and an opportunity to defend in the name of. the tenant.…
2Cases cited1 opinion
- Hodapp v. SharpCalifornia Supreme Court · 1870
3Cited by4 opinions
- Patton v. PittsSupreme Court of Alabama · 1885
- Clark v. PerdueWest Virginia Supreme Court · 1895
- Wilkinson v. MerrillCalifornia Supreme Court · 1877
- Lochner v. GarborinaCourt Of Appeals Of Indian Territory · 1901