McCauley v. Weller
California Supreme Court
Appeal from the County Court of the County of Mhrin. This was an action of forcible entry and unlawful' det'áíííerí '-The action was originally commenced in a Justice’s Court','where ,fh^ cause was tried by a jury, and a verdict of “not guilty’’l-eturned:'''iipdri: which judgment was entered for the defendants. The'plifintiif appealed therefrom to the County Court of Marin, where the cause was tried anew.
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Appeal from the County Court of the County of Mhrin. This was an action of forcible entry and unlawful' det'áíííerí '-The action was originally commenced in a Justice’s Court','where ,fh^ cause was tried by a jury, and a verdict of “not guilty’’l-eturned:'''iipdri: which judgment was entered for the defendants. The'plifintiif appealed therefrom to the County Court of Marin, where the cause was tried anew. The plaintiff alleges in his complaint, that on the first of March, A. D. 1858, he was in the actual, peaceable and lawful possession of the messuage, lands, and tenements, situate in said…
1ConcurrenceField, J.
The validity of the lease from the State cannot be tried in the present action, nor can the plaintiff be deprived of the advantages resulting from the possession of the premises, by a forcing ouster under any legislative enactment. Assuming the lease to- have been valid, there was in the plaintiff a property of which he could not be divested’ for public use without just compensation. His right, so far as the land and buildings were concerned, was in no respect affected by the fact, that they were designed as a place for the confinement of convicts. The purposes for which premises are leased…
2Cases cited3 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- McCann v. Sierra CountyCalifornia Supreme Court · 1857
- Wilson v. LassenCalifornia Supreme Court · 1855