Collier v. Corbett
California Supreme Court
Appeal from the Fourteenth District. The complaint averred that in June, 1856, plaintiff purchased the premises, situated near and east of Nevada, by deed, from Dixon and Friedenthall; that he thereby immediately entered upon and took possession, and held the premises; that being so in possession, and entitled to the possession of the premises, the defendant, “ afterward, to wit: on or about the twelfth day of December, 1857, wrongfully and unlawfully, and without right,…
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Appeal from the Fourteenth District. The complaint averred that in June, 1856, plaintiff purchased the premises, situated near and east of Nevada, by deed, from Dixon and Friedenthall; that he thereby immediately entered upon and took possession, and held the premises; that being so in possession, and entitled to the possession of the premises, the defendant, “ afterward, to wit: on or about the twelfth day of December, 1857, wrongfully and unlawfully, and without right, entered upon, took possession, ousted and ejected the plaintiff therefrom, and wrongfully and unlawfully withholds the same…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
We see no objection to the complaint, which seems to pursue the usual form in possessory actions. The mere fact that the exact time of *186the alleged ouster is not stated, is not material, especially as no claim was made for damages, nor is any recovery had for them. Nor is there anything in the fact that the prayer is that the defendants surrender the possession, instead of asking restitution.
2. We think the proof was sufficient to let in parol evidence of the deeds offered. It is impossible in cases of loss of instruments by fire, to prove with exactness the contents.…
2Cited by9 opinions
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