Voll v. Butler
California Supreme Court
Appeal from the County Court, City and County of San Francisco. Action of forcible entry and detainer brought on the 6th day of January, 1870, to recover possession of a tract of land at the intersection of Post and Buchanan streets, in the City and County of San Francisco. The plaintiff’s testimony tended to show that, in 1865, the demanded premises were unenclosed, and on the 23d of August of that year, the plaintiff erected a small house on the same, and moved into it.
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Appeal from the County Court, City and County of San Francisco. Action of forcible entry and detainer brought on the 6th day of January, 1870, to recover possession of a tract of land at the intersection of Post and Buchanan streets, in the City and County of San Francisco. The plaintiff’s testimony tended to show that, in 1865, the demanded premises were unenclosed, and on the 23d of August of that year, the plaintiff erected a small house on the same, and moved into it. That Butler then came to him and claimed the land. That the plaintiff raised potatoes on a portion of the land, and in…
1Opinion of the Court
By the Court, Wallace, C. J.:
In Bowers v. Cherokee Bob, (45 Cal. 502,) in speaking of the character of the possession which would support an action of forcible entry and detainer, we said that such an action could not be maintained upon a mere scrambling possession, and that as between the parties struggling for the possession, “neither can maintain the action against the other until he has acquired an actual possession which has ripened into a peaceable occupation—that is to say, peaceable between themselves.”
The application of this principle to the facts appearing in the record is decisive…
2Cases cited1 opinion
- Bowers v. BobCalifornia Supreme Court · 1873
3Cited by5 opinions
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- Woodbury v. BunkerUtah Supreme Court · 1940