Wilson v. Shackelford

By the Court, Crockett, J.:

This is an action for unlawful detainer under the third section of the Act of 1866 (Stats. 1865-6, p. 768). On the trial the Court granted a nonsuit, and the plaintiff having moved for a new trial, which was denied, has brought this appeal. The proof was that in October, 1869, the plaintiff' erected on a quarter section of public land in Santa Clara County a small dwelling-house, in which he slept for several nights, and then returned to San Mateo County, where he had previously resided, with the intention immediately to return with his family to the new house as…