Johnson v. Vance

Belcher, C. C.

—This is an action of ejectment. It is alleged in the complaint that on the-day of June, 1887, plaintiff “ was the owner in fee-simple, and entitled to the possession,” of the land described as section 31, township 3 north, range 9 east, Mount Diablo base and meridian, and that afterwards, in the same month, the defendant entered on the land, and ousted and ejected the plaintiff therefrom. A general demurrer to the complaint was interposed and overruled. The defendant, Vance, then answered. The answer denied that defendant ever was in possession, or claimed to be in possession,…