Knight v. Truett
California Supreme Court
Appeal from the Seventeenth District. Suit for value of the use and occupation of a certain lot of land in Downieville, with the buildings thereon, known as the “Washington Saloon.”
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Appeal from the Seventeenth District. Suit for value of the use and occupation of a certain lot of land in Downieville, with the buildings thereon, known as the “Washington Saloon.” The Court below found that on the seventh day of May, 1859, the premises were sold at Sheriff’s sale, under an order of sale issued upon a decree of foreclosure in the case of Knight v. Reticleer et al., the plaintiff herein becoming the purchaser, and receiving the Sheriff’s certificate ; that from that day to November 7th, 185'9, inclusive, the premises were occupied by one J. H. Cassidy, acting as agent of…
1Opinion of the CourtCope, J.
Baldwin, J. and Field, C. J. concurring.
The plaintiff sues as purchaser at a sheriff’s sale to recover the value of the use and occupation of certain premises from the time of the sale until a redemption. The evidence upon the question *115of occupation is somewhat conflicting, and the findings of the Court are therefore conclusive. We think the defendants must be regarded as tenants in possession within the meaning of the two hundred and thirty-sixth section of the Practice Act. McDevitt v. Sullivan (8 Cal. 592) and Harris v. Reynolds (13 Cal. 514) are decisive of this point.
The facts found by…
2Cases cited2 opinions
- Harris v. ReynoldsCalifornia Supreme Court · 1859
- McDevitt v. SullivanCalifornia Supreme Court · 1857
3Cited by9 opinions
- Otis v. McMillan & SonsSupreme Court of Alabama · 1881
- Walker v. McCuskerCalifornia Supreme Court · 1887
- Walls v. WalkerCalifornia Supreme Court · 1869
- Hardy v. HerriottWashington Supreme Court · 1895
- Whithed v. St. Anthony & Dakota Elevator Co.North Dakota Supreme Court · 1900
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