Pickard v. Kelley
JOHN W. PICKARD v. GEORGE F. KELLEY
- Area
- civil
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
To maintain an action of forcible entry there must be an actual and peaceable possession in the plaintiff. ( Vall v. Butler, 49 Cal. 75 ; sec. 1172, Code Civil Procedure.)
The certificate of pre-emption would not even give a right of possession, and certainly would not prove the fact of possession.
A deed is not admissible in evidence to show possession, or to show a right of possession. (Sanchez v. Louregro, 46 Cal. 641.), *90J. W- Hendrick, for the Eespondent.
By the Court :
The “ certificate of pre-emption ” did not tend to show actual possession in the plaintiff, and the Court below erred in admitting it in evidence.
Judgment and order reversed, and calase remanded for a new trial.
Cites, in this corpus
- Sanchez v. Loureyro No. 3,299 · 1873-07-01
Cited by
- Goodwin v. McCabe No. 11293 · 1888-04-21