Abbey Homestead Ass'n v. Willard

Citations

• 48 Cal. 614
• 1874 Cal. LEXIS 213

Syllabus

<p>Evidence oe Title in Ejectment.—On the trial of an action to recover the possession of land, the production by the plaintiff of a lease of the demanded premises, executed by him to the defendant, and signed by the defendant, the term of which expired before the commencement of the action, makes out aprima fade case of title in the plaintiff.</p> <p>Specification oe Seasons fob Mew Tbial.—If the defendant in ejectment moves for a new trial, and relies on the point that he was entitled to recover upon, his evidence of adverse possession, he must include it in his specification of reasons why a new trial should he granted.</p> <p>Pbooe oe Oosteb in Ejectment.—If the answer in ejectment denies an ouster, and the plaintiff fails to prove it, the defendant is entitled to a nonsuit. But if, in such case, the Court denies the nonsuit, and the defendant afterwards proves that he is in possession of the demanded premises, the error is cured.</p> <p>Evidence Aeieb Motion eob a Monsuit.—The Court may permit the plaintiff to introduce further evidence after a motion for a nonsuit is made; and unless the Court in doing so abuses its discretion, its action will not be disturbed.</p> <p>Lease, Evidence oe Title in the Plaintiee.—In ejectment, the production of a lease executed by the defendant is prima fade evidence of title in the plaintiff, and is not overcome by evidence on behalf of the defendant that he was in possession when he executed the lease. The defendant must not only show possession, but paramount title, in order to overcome the estoppel created by the lease.</p> <p>Bebtjtting Evidence in Ejectment.--If the plaintiff in ejectment rests on proof of a lease executed by the defendant, and the defendant then proves adverse possession, the plaintiff, in rebuttal, may introduce evidence of the deraignment of his title.</p> <p>Advebse Possession by a Tenant.—The tenant cannot, during the term of a lease, hold adverse possession against the landlord by the mere intention s