Pico v. Columbet
California Supreme Court
Appeal from the Third District, County of Alameda. This was an action by one tenant in common against his co-tenant, who is in the sole possession of the premises, to recover a share of the profits of the estate. In the Court below, the defendant demurred to the complaint of the plaintiff upon the ground that “ it does not state facts sufficient to constitute a cause of action.” The demurrer was overruled. Defendant excepted, and subsequently answered.
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Appeal from the Third District, County of Alameda. This was an action by one tenant in common against his co-tenant, who is in the sole possession of the premises, to recover a share of the profits of the estate. In the Court below, the defendant demurred to the complaint of the plaintiff upon the ground that “ it does not state facts sufficient to constitute a cause of action.” The demurrer was overruled. Defendant excepted, and subsequently answered. This Court has considered the question of the sufficiency of the complaint, the substance of which is set out in the opinion of the Court. The…
1Opinion of the CourtField, J.
This action is brought by one tenant in common against his co-tenant, who is in the sole possession of the entire premises, to recover a share of the profits received from the estate. The case was argued upon the demurrer to the complaint, which, by stipulation of the parties, was admitted to have been taken on the ground that the complaint does not state facts sufficient to constitute a cause of action. The complaint avers a tenancy in common between the parties ; the sole and exclusive possession of the premises by the defendant; the receipt by him of the rents, issues and profits thereof;…
2Cases cited3 opinions
- Hannan v. OsbornNew York Court of Chancery · 1834
- Woolever v. KnappNew York Supreme Court · 1854
- Pope v. HarkinsSupreme Court of Alabama · 1849
3Cited by27 opinions
- Gerhard v. StephensCalifornia Supreme Court · 1968
- Dabney-Johnston Oil Corp. v. WaldenCalifornia Supreme Court · 1935
- Israel v. IsraelCourt of Appeals of Maryland · 1869
- McCord v. Oakland Quicksilver Mining Co.California Supreme Court · 1883
- McWhorter v. McWhorterCalifornia Court of Appeal · 1929
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