Buel v. Frazier

Citations

• 38 Cal. 693

Syllabus

<p>Forcible Entry and Detainer.—When the plaintiff’s evidence entirely fails to disclose anything approximating to force, violence, or any effort at intimidation or threats of force or violence on the part of the defendants, or either of them, at the time they entered into the possession of the premises in controversy, or at any time thereafter, he malíes no case under the first or second sections of the Forcible Entry and Detainer Act of April 2, 1866, entitling him to the summary remedy provided by the Act.</p> <p>Idem—The Possession Requisite to Maintain the Action.—Stock ranging over unenclosed public lands is not evidence of such a possession of any specific portion of such lands in the owner of the stock as will enable him to maintain this action.</p> <p>Oral Evidence of a Transfer of an Interest in a Possessory Claim. — Oral evidence of a transfer of title or interest to land claimed under the Possessory Act is not admissible.</p>