House v. Keiser
California Supreme Court
Appeal from the County Court of Placer County. Action of forcible entry and unlawful detainer, brought by plaintiff, House, before a justice of the peace, against Samuel and Jacob Keiser. Judgment for defendants, and plaintiff appeals to the County Court, where a trial de novo is had, and judgment rendered for plaintiff, and against defendant, Samuel Keiser, for the posssession of the premises, and treble damages.
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Appeal from the County Court of Placer County. Action of forcible entry and unlawful detainer, brought by plaintiff, House, before a justice of the peace, against Samuel and Jacob Keiser. Judgment for defendants, and plaintiff appeals to the County Court, where a trial de novo is had, and judgment rendered for plaintiff, and against defendant, Samuel Keiser, for the posssession of the premises, and treble damages. Defendant moves for a new trial, which being denied, he took this appeal. The evidence on the trial in the County Court shows, that Samuel Keiser had used a portion of the premises…
1Opinion of the CourtTerry, C. J.
The statute “ concerning forcible entry and unlawful detain-er,” is in derogation of the common law, and must be strictly construed. A party, therefore, who desires to avail himself of the summary remedy provided by this act, must bring himself clearly within its provisions. He must show a possession, actual, peaceable, and exclusive; a mere scrambling or interrupted possession, or the exercise of casual acts of ownership over the premises, is not sufficient.
The record in this case does not show such possession.in the plaintiff—on the contrary, the evidence raises a strong presumption that…
2Cited by4 opinions
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