Carpentier v. Mitchell

Citations

• 29 Cal. 330

Syllabus

<p>Damages for an Ouster by a Co-Tenant.—A tenant in common when ousted by his co-tenant may recover the damages resulting from the ouster as well as when ousted by an entire stranger to the land.</p> <p>Damages ¡Recoverable from Time of Ouster.—In an action to recover the possession of land hy a tenant in common against a co-tenant, the plaintiff can recover damages only from the time of the actual ouster proved.</p> <p>Damages in Ejectment.—In an action to recover the possession of land by the owner of* an undivided one half, against defendants who entered as naked trespassers, but purchased an undivided interest after the commencement of the .action, plaintiff can recover the value of one half the rents and profits, including those resulting from the improvements placed on the land by defendants, during the period of wrongful possession.</p> <p>Setting off Value of Improvements against Damages.—Where one who enters as a naked trespasser places improvements on the land, and afterwards buys an undivided interest, in an action against him to recover possession of the land hy a tenant in common who owned prior to the wrongful entry the defendant cannot set off the value of his improvements against the damages.</p> <p>Limitation of Time to recover Rents and Profits.—In an action to recover lands, the plaintiff can recover the rents and profits for three years only prior to the commencement of the action, if the defendant pleads the Statute of Limitations.</p>