Ord v. Chester
California Supreme Court
Appeal from the Fifteenth District. Ejectment for land in Butte county. Plaintiff claims ownership of one undivided sixth of a tract of land known as the Fernandez grant, containing about four leagues; and avers that defendant has ousted him of one hundred and sixty acres thereof, and claims damages in the sum of $5000—putting the monthly rent at one hundred dollars.
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Appeal from the Fifteenth District. Ejectment for land in Butte county. Plaintiff claims ownership of one undivided sixth of a tract of land known as the Fernandez grant, containing about four leagues; and avers that defendant has ousted him of one hundred and sixty acres thereof, and claims damages in the sum of $5000—putting the monthly rent at one hundred dollars. The answer admits the title of plaintiff, but sets up that defendant entered into and still holds possession of the one hundred and sixty acres by license from Henshaw & Moore, owners of the undivided five-sixths of the grant;…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
We think the judgment in this case should'be affirmed. We can only look to the findings of the Judge in this case to see whether the judgment is right upon the facts, for no legal statement appears in the record. Those findings present the simple question whether a party put in possession or allowed to occupy a portion of premises by one tenant in common can be sued as a trespasser by another tenant in common, without notice to quit or other act showing a termination of this license or tenancy. We have no doubt that one tenant in common may occupy the common premises, and…
2Cited by5 opinions
- Swartzbaugh v. SampsonCalifornia Court of Appeal · 1936
- Williams v. Sinclair Refining Co.New Mexico Supreme Court · 1935
- Burns v. RodeferNevada Supreme Court · 1880
- Dinsmore v. RenfroeCalifornia Court of Appeal · 1924
- Danforth v. DanforthNevada Supreme Court · 1917