Lick v. O'Donnell
California Supreme Court
This was an action brought before a Justice of the Peace, under the statute of forcible entry and detainer. The complaint alleged that Lick, the plaintiff, being the owner of a certain piece of land, situated in San Francisco (describing the same), he leased the same to one Dennis Martin, for four months, at the rent of $400 per month, and that Hugh O’Donnell, during the said term, entered into the possession of the said premises, and holds the same under the said Dennis…
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This was an action brought before a Justice of the Peace, under the statute of forcible entry and detainer. The complaint alleged that Lick, the plaintiff, being the owner of a certain piece of land, situated in San Francisco (describing the same), he leased the same to one Dennis Martin, for four months, at the rent of $400 per month, and that Hugh O’Donnell, during the said term, entered into the possession of the said premises, and holds the same under the said Dennis Martin, plaintiff, immediate lessee, and, that said Hugh O’Donnell, holding over the said premises after the expiration of…
1Opinion of the Court
The opinion of the court was delivered by
Murray, Chief Justice.
This was an action, commenced under the statute concerning forcible entries and unlawful detainers, and transferred to the District Court, upon an affidavit of title. There is no evidence in the record showing that O’Donnell entered into possession under Lick.
The deed from Bujan to Ramirez, under whom Lick claims, calls for “one-half of my lot.” Parol evidence was admitted in the court below, to prove that, at the time Bujan executed said deed, he owned but one lot' in San Francisco, viz., lot 34. Admitting this deed is not void…
2Cited by22 opinions
- Swartzbaugh v. SampsonCalifornia Court of Appeal · 1936
- Pearson v. HorneSupreme Court of Georgia · 1913
- Moore v. ExelbySupreme Court of Arkansas · 1926
- Pettigrew v. DobbelaarCalifornia Supreme Court · 1883
- Work v. Associated Almond Growers of Paso RoblesCalifornia Court of Appeal · 1929
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