Cummins v. Scott
California Supreme Court
Appeal from the Couniy Court of Marin County. This action was commenced in a Justice’s Court, and appealed to the County Court, and there tried de novo. Verdict and judgment being for plaintiff, defendant moved for a new trial, which was refused, and from this order the appeal is taken. The facts are sufficiently.stated in the opinion.
1Opinion of the CourtNorton, J.
This is an action brought under the act concerning forcible entries and unlawful detainers.
The plaintiff gave in evidence an affidavit and the record thereof, to show the location of a claim to an hundred and sixty acres of land, under the act prescribing the mode of maintaining and defending possessory actions on public lands in this State, and also proved the inclosure and occupancy of thirty or forty acres of land, and the ownership of a house thereon, of the value of three or four hundred dollars. He then proved that he was in the act of building a fence along a certain line, when the…
2Cases cited2 opinions
- Preston v. KehoeCalifornia Supreme Court · 1860
- House v. KeiserCalifornia Supreme Court · 1857
3Cited by2 opinions
- Cummins v. ScottCalifornia Supreme Court · 1863
- Gyle v. ShoenbarCalifornia Supreme Court · 1863