Holloway v. Galliac
California Supreme Court
Appeal from the District Court of the Third Judicial District, Sauta Clara Conuty. The action, which was commenced in April, 1868, was ejectment for a lot in the city of San José, being a portion of the lands of the former Pueblo de Ban José, confirmed to the city in July, 1865. The plaintiff claimed title under a deed from the Commissioners of the Funded Debt, who held the legal title as successors in interest of the Pueblo.
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Appeal from the District Court of the Third Judicial District, Sauta Clara Conuty. The action, which was commenced in April, 1868, was ejectment for a lot in the city of San José, being a portion of the lands of the former Pueblo de Ban José, confirmed to the city in July, 1865. The plaintiff claimed title under a deed from the Commissioners of the Funded Debt, who held the legal title as successors in interest of the Pueblo. At the trial he put in evidence his deed to the land and also a lease from himself to the defendant dated January 1st, 1866, and running for one year from that date. The…
1Opinion of the Court
By the Court, McKinstry, J.:
In Peralta v. Ginochio, ante, p. 459, we considered the effect of the circumstance that a tenant was in the possession at the time, and prior to the execution of a lease, which was subsequently relied on, as estopping the lessee from denying the title of the lessor. We there held: “The landlord, by production of the lease, makes a prima facie case, and the burden of proof is cast on the tenant; and unléss he overcomes it by showing paramount title in him self, or those under whom he claims, the landlord must prevail.” It remained for the defendant in this case,…
2Cited by3 opinions
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