Knight v. Truett
KNIGHT v. TRUETT
- Area
- civil
- Panel
- Cope (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Cope
Cope, J. delivered the opinion of the Court 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 the Court entitle the plaintiff to recover, and the judgment is therefore affirmed.
See Kline v. Chase, infra.
Cites, in this corpus
- Harris v. Reynolds · 1859-07-01
- McDevitt v. Sullivan · 1857-07-01
Cited by
- Carpenter v. Hamilton L. A. 18679 · 1944-04-10
- Walker v. McCusker No. 9720 · 1887-01-25
- Walls v. Walker · 1869-07-01