Daubenbiss v. White
California Supreme Court
APPEAL from Superior Court, San Benito County; James F. Breen, Judge. Ejectment by John Daubenbiss against Amos White and others. The court found in favor of defendants for a part of the land, and in favor of plaintiff for the remainder. A motion for a new trial was overruled, and defendants appeal. Reversed.
1Opinion of the Court
HAYNES, C.
In ejectment. Plaintiff bases his right to recover upon prior possession alone. The answer denied plaintiff’s possession and his right thereto, alleged prior possession in themselves to part of the land, title in one Robinson to part, and their right to the possession of such part under a lease from the owner. The cause was tried by the court, without a jury. The court found in favor of defendants for the part they held under lease from Robinson, and in favor of plaintiff *591for the remainder. Defendants moved for a new trial upon a statement, and this appeal is from the judgment, and…
Also in this document: Per curiam.
2Cases cited4 opinions
- Missionary Society v. DallesSupreme Court of the United States · 1883
- Sheldon v. MullCalifornia Supreme Court · 1885
- McCreery v. EverdingCalifornia Supreme Court · 1872
- Odd Fellows' Savings Bank v. BantonCalifornia Supreme Court · 1873
3Cited by1 opinion
- Reed v. ShortSuperior Court of Delaware · 1946