Legal Opinion
Kessler v. Bridge
California Court of Appeal
Decided June 11, 1958No. Civ. A. 9497PublishedCited by 11 opinions
1Opinion of the CourtDavid, J.
Plaintiff secured judgment against defendant vendor of certain real property, for removal of the vendor from the premises and an award of damages for withholding possession. The proceeding was based on California Code Civil Procedure, section 1161a, subparagraph 4. To .prevail, a plaintiff must prove affirmatively that the property was “duly sold” and that “the title under the sale has been .duly perfected.” Contrary to the rule applying to unlawful detainer where the landlord-tenant relationship is involved, title thus becomes an issue. (Kelliher v. Kelliher (1950), 101 Cal.App.2d 226, 232…
2Cases cited22 opinions
- Knight v. BlackCalifornia Court of Appeal · 1912
- Hocking v. Title Insurance & Trust Co.California Supreme Court · 1951
- Cheney v. TrauzettelCalifornia Supreme Court · 1937
- Seidell v. Anglo-California Trust Co.California Court of Appeal · 1942
- Bliss v. Security-First National BankCalifornia Court of Appeal · 1947
17 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wutzke v. Bill Reid Painting Service, Inc.California Court of Appeal · 1984
- Dr. Leevil, LLC v. Westlake Health Care CenterCalifornia Supreme Court · 2018
- Wood v. HersonCalifornia Court of Appeal · 1974
- Gonzales v. Gem Properties, Inc.California Court of Appeal · 1974
- Stephens, Partain & Cunningham v. HollisCalifornia Court of Appeal · 1987
6 more not listed; retrieve them via the Exa API.