Minturn v. Burr

Cope, J. concurring.

*108This was an action of forcible and unlawful entry and detainer. Plaintiff recovered judgment before a Justice of the Peace, from which judgment the defendants appealed to the County Court. The case was tried in that Court de novo, and a judgment of nonsuit entered. From this judgment the plaintiff appeals. The lot upon which forcible entry is alleged, is a triangular lot in the city of San Francisco. One of the witnesses stated that in April and May, 1858, Edward Minturn was in possession of this lot. Charles Minturn was acting as his agent; the property had been leased to…