Calderwood v. Brooks

Citations

• 45 Cal. 519

Syllabus

<p>Effect of Judgment in Ejectment.—A judgment in favor of the plaintiff, in an action of ejectment brought against his-tenant for holding over after the expiration of his term, does not determine the question of title, or right of possession, as between the plaintiff and a third person whom the tenant collusively placed in possession of the premises after the action was commenced.</p> <p>Action to Quiet Title.—One who, by collusion with a tenant, acquires possession of the leased premises, has such a possession as enables him to maintain an action under the two hundred and fifty-fourth section of the Practice Act, to quiet title to the same.</p>