Ashton v. Golden Gate Lumber Co.

Citations

• 6 Cal. Unrep. 307
• 58 P. 1
• 1899 Cal. LEXIS 1183

Syllabus

<p>Tenant—Estoppel to Deny Landlord’s Title.—Where plaintiff had such title under a deed of trust as enabled him to execute a valid lease for a term not exceeding the life of the beneficiary named therein, and defendant entered under said lease, and has never been disturbed in possession, and no one except plaintiff has claimed any right to the rents, he cannot deny plaintiff’s title in an action to recover the rents accruing after the death of the beneficiary, though such title ceased on the death of such .beneficiary.1</p> <p>Tenant—Estoppel to Deny Landlord’s Title—Presumption.— Under Code of Civil Procedure, section 1962, subdivision 4, providing what presumptions shall be deemed conclusive, declaring that a tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation, the conclusive presumption of the landlord’s title having attached, it continues until in some mode recognized by the law it may be rebutted.</p>