Camarillo v. Fenlon
California Supreme Court
Appeal from the District Court, First Judicial District, County of Santa Barbara. Ejectment to recover a tract of land containing eight hundred and seventy-seven and nineteen one hundredths acres, being a portion of the Bancho Bio de Santa Clara or Calonia. On the 19th day of October, 1871, the plaintiff gave the defendant a written lease of the land for the term of one year at an annual rent of $650. The land was described by metes and bounds in the lease.
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Appeal from the District Court, First Judicial District, County of Santa Barbara. Ejectment to recover a tract of land containing eight hundred and seventy-seven and nineteen one hundredths acres, being a portion of the Bancho Bio de Santa Clara or Calonia. On the 19th day of October, 1871, the plaintiff gave the defendant a written lease of the land for the term of one year at an annual rent of $650. The land was described by metes and bounds in the lease. The lessee covenanted, in the lease, at the expiration of the term to deliver up the premises to the lessor. The action was commenced…
1Opinion of the Court
By the Court, McKinstry, J.:
The defendant entered into possession of the premises described in the complaint, under the lease mentioned in the findings. His term expired in October, 1871. In December of that year, plaintiff executed a lease of the same premises to one Dempsey, and one of the findings is that “ said Dempsey, under the same, entered upon and took possession of the premises described in said lease of defendant, except about two hundred acres, and said Dempsey is still in possession of the same.” It is also found “ that defendant is still in possession of two hundred acres of the…
2Cases cited2 opinions
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