Carpentier v. Small

Citations

• 35 Cal. 346

Syllabus

<p>¡Findings of Pact.—If the finding of a fact on a material point is contrary to a stipulation of the parties made in the course of the trial as a substitute for evidence, a new trial will be granted, on the ground that the finding is contrary to the fact as stipulated, and, therefore, unsupported by the evidence.</p> <p>Judgment in Ejectment.—Where the intestate was a tenant in common with the plaintiff in ejectment in the demanded premises, and the defendant entered upon the premises with the permission of the administrator of the estate of the deceased co-tenant, the entry of the defendant is not tortious, and the plaintiff is not entitled to a judgment for possession of all the land, but only for his undivided interest.</p> <p>Improvements Set Off against Damages.—The right of a defendant in ejectment to set off the value of improvements made by him against the claim of the plaintiff for damages, depends upon whether they were made by him or his grantors holding under color of title adverse to plaintiff, in good faith, and upon whether they are permanent or not.</p> <p>Answer in Ejectment.—An answer in ejectment which seeks to set off the value of improvements against damages, should aver that they were made while holding under color of title adverse to plaintiff, in good faith, and that they are permanent.</p> <p>Pindings of Pact.—If the findings of fact are defective on any material point, and</p> <p>are not excepted to, it will be presumed that the Court found on those points against the losing party.</p> <p>Purchase by Defendant in Ejectment.—If a defendant in ejectment, who is in possession without claim or color of title, buys a fractional interest in the demanded premises, pendente lite, this purchase thenceforth presumptively divests his possession of its hostile character.</p> <p>Judgment for Damages in Currency Value.—In ejectment, if the Court finds the value of the use and occupation of the premises in both gold and currency, a general judgment may