Wise v. Burton
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Barbara County. The action was brought to recover the possession of certain land. Judgment was rendered in favor of the plaintiffs. The defendant moved for a new trial, and his motion being denied, appealed from the order. This appeal is reported in the preceding case, ante, p. 166. The further facts are stated in the opinion of the court.
1Opinion of the CourtThornton, J.
— This is an appeal from the judgment in the same case, No. 11780, ante, p. 166, which last is an appeal from an order denying a new trial.
There is but one point, which is, that -the court did not find on an issue made by the answer in relation to improvements on the land, to be allowed as a set-off to damages for withholding the property for which judgment is rendered. The value of such improvements may be allowed as a set-off .to damages when made by a defendant, or those under whom he claims, in good faith, holding under color of title adversely to the claim of plaintiff. (Code Civ. Proc.,…
2Cited by7 opinions
- Wood v. HenleyCalifornia Court of Appeal · 1928
- Rogers v. DuffCalifornia Supreme Court · 1892
- Hatton v. GreggCalifornia Court of Appeal · 1906
- Jeffers v. HulenCalifornia Court of Appeal · 1921
- Himmelman v. HenryCalifornia Supreme Court · 1889
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