Garner v. Marshall
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of Tuolumne. This was an action of ejectment, to recover possession of a tract of land. The averments of the complaint appear in the opinion of the Court.
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Appeal from the District Court of the Fifth Judicial District, County of Tuolumne. This was an action of ejectment, to recover possession of a tract of land. The averments of the complaint appear in the opinion of the Court. At the close of the plaintiff’s testimony, the defendants moved the Court “for a nonsuit as to defendants So-tor and Marshall, on the ground that no proof had been given that either of thorn were in the actual occupation of the premises at the time of the commencement of the suit.” There was no proof of possession on the part of these defendants, but the evidence…
1Opinion of the CourtField, J.
The complaint in this action is very defective; it does not allege title or prior possession in the plaintiff or those through whom he claims, and it contains no direct averment of any entry by the defendants, or occupation by them at the commencement of the action. It simply sets out the execution of a mortgage upon the premises by one Johnson, and the proceedings in a foreclosure-suit thereon, the entry of the decree, the sale thereunder and purchase by the plaintiff, to whom a Sheriff’s deed was given, without any mention of title or possession in the mortgagor, and concludes with an…
2Cases cited1 opinion
- Van Horne v. EversonNew York Supreme Court · 1852
3Cited by15 opinions
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