Miller v. Myers
California Supreme Court
Appeal from the District Court, Third Judicial District, Santa Clara County. ^ Ejectment to recover a tract of land in Santa Clara County, being a portion of Las Animas Eancho.
Read the full summary
Appeal from the District Court, Third Judicial District, Santa Clara County. ^ Ejectment to recover a tract of land in Santa Clara County, being a portion of Las Animas Eancho. This suit was commenced on the 30th day of August, 1871, and the complaint averred an ouster on the 28th day of August, 1868. Judgment was rendered on the 21st day of December, 1872, giving plaintiffs possession of one undivide one half of the demanded premises, and four hundred and forty dollars as damages for withholding posoession. The complaint averred that the rents and profits amounted to the sum of two thousand…
1Opinion of the Court
By the Court:
It is well settled that a refusal, after a proper demand by a tenant in common in possession to admit his cotenant into the possession, is itself an ouster, and dispenses with the necessity of further proof on that point. It is equally clear that in an action by a tenant in common against his co-tenant to be admitted into the possession, a denial in the answer of the plaintiff’s title and right of entry is equivalent to an ouster, The action is the most effective demand the plaintiff could make to be let into possession; and if his title and right of entry be denied, he need make…
2Cited by26 opinions
- Unger v. MooneyCalifornia Supreme Court · 1883
- Zaslow v. KroenertCalifornia Supreme Court · 1946
- West v. EvansCalifornia Supreme Court · 1946
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- Phelan v. SmithCalifornia Supreme Court · 1893
21 more not listed; retrieve them via the Exa API.