Haggin v. Clark
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The defendant, on the 19th day of April, 1849, went into possession of a lot at the northwest corner of Broadway and Battery streets, city and county of San Francisco. Prior to 1858, he had erected a brick building on the lot, of the value of eight thousand dollars.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The defendant, on the 19th day of April, 1849, went into possession of a lot at the northwest corner of Broadway and Battery streets, city and county of San Francisco. Prior to 1858, he had erected a brick building on the lot, of the value of eight thousand dollars. Jacob P. Leese and M. G. Vallejo derived title to the lot by a patent from the United States, dated March 2, 1858. On the 6th'day of August, 1858, said Leese commenced an action of ejectment against Clark, to recover possession of his…
1Opinion of the Court
By the Court :
This is an action in the nature of an action of trespass for inesne profits. There is no express finding in the transcript of the amount of damages sustained by the plaintiff. There is a finding of the value of the rents, issues and profits of the land during a certain period, and, since as a general rule, the plaintiff in this form of action may recover the rental value of the land (with costs of the ejectment suit), it may be assumed that the finding is equivalent to a finding of the amount of damages sustained. There are cases in which the plaintiff may recover more than the…
2Cases cited1 opinion
- Bay v. PopeCalifornia Supreme Court · 1861
3Cited by4 opinions
- Furlong v. CooneyCalifornia Supreme Court · 1887
- McCaffrey v. WileyCalifornia Court of Appeal · 1951
- Sullivan v. WellbornCalifornia Supreme Court · 1948
- Haggin v. ClarkCalifornia Supreme Court · 1886