Haight v. Green
California Supreme Court
Appeal from the Twelfth District. Ejectment for a lot in San Francisco. The complaint, among other things, avers that “ heretofore, to wit: on the first day of January, A. D. 1855, Joseph Hetherington was seized and possessed of a certain lot or parcel of ground in the city and county of San Francisco,” etc.; that on said day, said Hetherington was the owner of said lot, and was at that time, or shortly previous thereto, in the actual possession of the same; that after said…
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Appeal from the Twelfth District. Ejectment for a lot in San Francisco. The complaint, among other things, avers that “ heretofore, to wit: on the first day of January, A. D. 1855, Joseph Hetherington was seized and possessed of a certain lot or parcel of ground in the city and county of San Francisco,” etc.; that on said day, said Hetherington was the owner of said lot, and was at that time, or shortly previous thereto, in the actual possession of the same; that after said day and before the twenty-ninth day of July, A. D. 1856, and the precise time this plaintiff cannot state, said…
1Opinion of the CourtBaldwin, J.
Field, C. J. and Cope, J. concurring.
The judgment is affirmed. We think the complaint sufficient within the rules laid down in Payne and Dewey v. Treadwell (16 Cal. 220). The point that the executor could not sue for damages for the trespass, is answered by the statute. (Woods’ Digest, 411, secs. 195, 196.)
2. The stipulation prima facie was sufficient to maintain the action. The effect of it is to admit that the title was in Hetherington before the entry of defendant; that the defendant entered under him; and that she afterwards set up claim to the premises. The effect of these facts, if they…
2Cases cited1 opinion
- Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
3Cited by15 opinions
- Bailey v. TaaffeCalifornia Supreme Court · 1866
- McGuire v. DrewCalifornia Supreme Court · 1890
- Brooks v. JohnsonCalifornia Supreme Court · 1898
- Leonard v. City of Los AngelesCalifornia Court of Appeal · 1973
- Flynn v. FinkCalifornia Court of Appeal · 1923
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