Bay v. Pope
California Supreme Court
Appeal from the Fifteenth District. 'Ejectment to recover land and damages for its detention. The complaint avers ownership of the premises in one • Barber on the tenth of March, 1860, a conveyance by him to plaintiff on that day, as well as entry and ouster by defendants. The land is described as a portion of a ranch conveyed by John Bidwell to one Barber.
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Appeal from the Fifteenth District. 'Ejectment to recover land and damages for its detention. The complaint avers ownership of the premises in one • Barber on the tenth of March, 1860, a conveyance by him to plaintiff on that day, as well as entry and ouster by defendants. The land is described as a portion of a ranch conveyed by John Bidwell to one Barber. Damages are claimed at one hundred dollars per month, from March 10th, 1860. The answer denies generally the allegations of the complaint; and avers, that defendant went into possession of the land in June, 1855, believing it to he public…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
Appeal and cross appeal. The judgment is affirmed in the direct appeal, with costs.
In the cross appeal the judgment is erroneous, in allowing the recoupments for the improvements against the mesne profits found
*696by the jury: 1. The improvements were made before the plaintiff’s title accrued. 2. The case made by the finding and pleadings does not bring the defendant within the Practice Act (Sec. 257). The holding of the defendant was not adverse within the section. (See 18 Cal. 487, and cases.)
The last cause—on cross appeal—is remanded, that the proper judgment may be entered…
2Cases cited1 opinion
- Lord v. MorrisCalifornia Supreme Court · 1861
3Cited by4 opinions
- Carpentier v. SmallCalifornia Supreme Court · 1868
- Hannan v. McNickleCalifornia Supreme Court · 1889
- Haggin v. ClarkCalifornia Supreme Court · 1875
- Love v. ShartzerCalifornia Supreme Court · 1867