Leroux v. Murdock
California Supreme Court
Appeal from the County Court, County of Colusa. Action of forcible detainer to recover possession of the S J of Section 11, the SJ of S.E J, the N.Wi- of S.EI-, and and the N.E£ of Section 10, Township 19, N. Range 4 W., Mount Diablo meridian, lying in Colusa county.
Read the full summary
Appeal from the County Court, County of Colusa. Action of forcible detainer to recover possession of the S J of Section 11, the SJ of S.E J, the N.Wi- of S.EI-, and and the N.E£ of Section 10, Township 19, N. Range 4 W., Mount Diablo meridian, lying in Colusa county. The complaint averred that on or about the fifteenth of February, 1875, the plaintiff was, and for a long time had been, in the peaceable possession of the premises; that on said day defendants unlawfully entered into possession thereof and ousted plaintiff, and had ever since unlawfully detained the premises from the plaintiff;…
1Opinion of the Court
By the Court:
The pleadings are verified, and the answer denies the allegations of the complaint only in the conjunctive, and tenders an issue upon the unlawful character of the entry; denies that the defendants unlawfully entered and * * * do now unlawfully detain, etc. It cannot, therefore, be maintained that the plaintiff was correctly nonsuited for a failure to prove the entry of the defendant Murdock.
Nor was the action of the court in nonsuiting the plaintiff correct in other respects. The proofs upon the part of the plaintiff tended to bring the case within the second subdivision of…
2Cases cited2 opinions
- Shelby v. HoustonCalifornia Supreme Court · 1869
- Wilson v. ShackelfordCalifornia Supreme Court · 1871
3Cited by5 opinions
- Moody v. CraneIdaho Supreme Court · 1921
- Giddings v. '76 Land & Water Co.California Supreme Court · 1890
- Blodgett v. ScottCalifornia Court of Appeal · 1909
- State ex rel. Seth Thomas Clock Co. v. Board of County CommissionersNebraska Supreme Court · 1898
- Toomey v. KnoblochCalifornia Court of Appeal · 1908