Hihn v. Mangenberg
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Cruz County, and from an order denying a new trial. The plaintiff gave to the defendant’s husband a lease of the property in controversy for the period of five years, which had expired before the bringing of the suit. The lessee died before the expiration of the lease, and no administration had ever been had upon his estate up to the time of the trial of the action. Further facts are stated in the opinion of the court.
1Opinion of the CourtGaroutte, J.
—This is an action of ejectment. The complaint was attacked by a general demurrer, and also by a special demurrer as to the sufficiency of the description of the land involved in the litigation.
The demurrer was overruled, and an answer filed by defendant denying the allegations of the complaint and setting up a lease by plaintiff to G. Mangenberg, the husband of defendant, and alleging that she was the surviving widow of said deceased lessee, and that no administration has been had upon his estate.
This is an appeal by the defendant from the judgment and order denying her motion for a new…
2Cases cited4 opinions
- Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
- Rego v. PeltCalifornia Supreme Court · 1884
- Canning v. FibushCalifornia Supreme Court · 1888
- Carpentier v. GrantCalifornia Supreme Court · 1862
3Cited by3 opinions
- Victor Power and Mining Co. v. ColeCalifornia Court of Appeal · 1909
- Brown's v. United States Trust Co.Court of Appeals of Kentucky · 1919
- McFarland v. MatthaiCalifornia Court of Appeal · 1908