De Peralta v. Ginochio
California Supreme Court
Appeal from the County Court of Alameda County. This was an action of unlawful detainer, and for holding over contrary to the terms of a lease. The plaintiff had judgment, and the defendant appealed therefrom and from an order denying a new trial. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Rhodes, J.:
The plaintiff alleges that during the year commencing in November, 1871, the defendant held the premises in controversy as her tenant, under a verbal lease, for one year; but the defendant contends that he was holding during that time,, as the assignee of a lease made by Vincente Peralta, the plaintiff’s testator, to Oresoli and two others. The claim that he is such assignee is based on a bill of sale made to him by Oresoli alone, of a tract of land which is not shown to be the same as that described in the lease or the complaint. There is evidence in the case showing…
2Cases cited2 opinions
- Tewksbury v. MagraffCalifornia Supreme Court · 1867
- Johnson v. ChelyCalifornia Supreme Court · 1872
3Cited by8 opinions
- Tyler v. DavisTexas Supreme Court · 1884
- Abbey Homestead Ass'n v. WillardCalifornia Supreme Court · 1874
- Oneto v. RestanoCalifornia Supreme Court · 1891
- Parrott v. HungelburgerMontana Supreme Court · 1890
- Davidson v. EllmakerCalifornia Supreme Court · 1890
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