Van Winkle v. Hinckle

Norton, J. concurring.

This is an action to quiet the title to certain real estate in the city of Sacramento. The complaint alleges that the defendant is in possession as the tenant of the plaintiff, but disclaims the tenancy, and sets up an adverse title in himself. The judgment enjoins the defendant from asserting his title, and establishes that of the plaintiff.

We are of opinion that the judgment is erroneous, and that the action cannot be maintained. The statute provides that “ an action may be brought by any person in possession, by himself or his tenant, of real property, against any…