Carpentier v. Webster

Citations

• 27 Cal. 524

Syllabus

<p>Occupancy op Common Lands by Tenants in Cosimon.—Tenants in common hold their lands hy unity of possession, and each and every of them has the right to enter upon and occupy the whole of the common lands and every part thereof.</p> <p>Possession op one Tenant in Common. — One tenant in common has no share except that which is undivided, and has no right to exclude his co-tenant from any portion of the common lands.</p> <p>Ouster op a Tenant in Common by his Co-Tenant.—If one tenant in common incloses and enters into the exclusive possession of a portion of the common lands, not exceeding in quantity the number of acres which he would be entitled to have allotted to him on partition of the whole, and refuses to allow a co-tenant to occupy this portion with him, it is an ouster of the co-tenant, and he may maintain ejectment and he let into the possession of the part from which he is thus excluded.</p> <p>Ouster by Tenant in Common.—One tenant in common may he guilty of an ouster of a co-tenant hy excluding him from a portion less than the whole of the property held in common.</p> <p>A Refusal to let a Co-Tenant into Possession an Ouster.—If one tenant in common is in the exclusive possession of a portion less than the whole of the common lands, and his co-tenant demands of him to he let into possession of the same on the ground of his joint ownership, and the other, while admitting the several title of the co-tenant, refuses to let him into possession, this refusal is an ouster.</p> <p>Ouster may result when Title is Admitted.—If a tenant in common denies the several title of a co-tenant, hut lets him into possession, it is not an ouster; but if he admits the several title of a co-tenant and refuses to let him into possession, it is an ouster.</p> <p>Demand op Possession by Co-Tenant.—A demand made by a tenant in common of a co-tenant in possession to be let into possession of every part of the common lands, is not a notice to the co-tenant in possession to quit.<