Payne v. Treadwell
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, San Francisco County. Ejectment for a certain lot in San Francisco. The facts material to the points decided appear in the opinion of the Court.
1Opinion of the CourtMurray, C. J.
Heydenfeldt, J., concurred.
The declaration in this case alleges “ that the plaintiffs have lawful title as owners in fee simple of the premises, and that the defendant is in possession and unlawfully withholds the same.”
Treating this as a declaration in ejectment, it is insufficient, under the most liberal construction of our Practice Act. The action of ejectment is merely a possessory action, and is confined to cases where the claimant has a possessory title—that is to say, a right of entry upon the lands. To support it, four things are necessary, viz., title, lease, entry, and ouster.
notwith…
2Cited by9 opinions
- Smith v. BentsonAppellate Division of the Superior Court of California · 1932
- Toland v. MandellCalifornia Supreme Court · 1869
- Alexander v. CampbellSupreme Court of Missouri · 1881
- Craviotto v. All Persons, Etc.California Court of Appeal · 1928
- Wilmington, Columbia & Augusta R. R. v. GarnerSupreme Court of South Carolina · 1887
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