Dennis v. Wood
California Supreme Court
Appeal from the County Court, City and County of San Francisco. Action of forcible entry and unlawful detainer, to recover a lot on the northwest corner of Broadway and Gough streets, in the City and County of San Francisco. The complaint averred that the plaintiff was in the peaceable possession of the lot on the 14th day of November, 1868, and that on said day, the defendants, with a strong hand and violence, entered.
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Appeal from the County Court, City and County of San Francisco. Action of forcible entry and unlawful detainer, to recover a lot on the northwest corner of Broadway and Gough streets, in the City and County of San Francisco. The complaint averred that the plaintiff was in the peaceable possession of the lot on the 14th day of November, 1868, and that on said day, the defendants, with a strong hand and violence, entered. At the commencement of the trial, the defendants’ counsel stated that the only defense was an entry in good faith, and under color of title. The plaintiff then proved that he…
1Opinion of the Court
By the Court, Rhodes, J.:
The plaintiff introduced, in rebuttal, certain deeds, constituting the chain of title (or a part of it) of the plaintiff’s lessor. Their introduction is defended here on the ground that they tended to rebutt the defendants’ evidence, which was introduced to show that their entry was made in good faith owning the title. But the defendants’ deeds were introduced, not, to show that they owned the title, but that they entered in good faith under claim, and color of title. (Thompson v. Smith, 28 Cal. 532; Shelby v. Houston, 38 Cal. *364422.) The plaintiff’s deeds were not…
2Cases cited3 opinions
- Shelby v. HoustonCalifornia Supreme Court · 1869
- Thompson v. SmithCalifornia Supreme Court · 1865
- Sanchez v. LoureyroCalifornia Supreme Court · 1873
3Cited by3 opinions
- Francis v. West Virginia Oil Co.California Supreme Court · 1917
- Conaway v. GoreSupreme Court of Kansas · 1882
- Torrey v. BerkeSouth Dakota Supreme Court · 1898