Castro v. Tewksbury

Citations

• 69 Cal. 562
• 11 P. 339
• 1886 Cal. LEXIS 689

Syllabus

<p>Eoboible Entbt—Action fob—What Plaintiff must Show. —In order to maintain an action of forcible entry, the plaintiff must show that he was in the actual and peaceable possession of the property entered upon; that the defendant, by some kind of violence or circumstance of terror, entered into or upon the property, and so turned the plaintiff out and took and held possession of it himself; or that after making a peaceable entry the defendant, by force, threats, or menacing conduct, turned the plaintiff out and took the possession.</p> <p>Id.—Does not Lie fob. Mebe Tbespass.—An action of forcible entry does not lie for a mere trespass on land.</p> <p>Id.—Evidence — Possession.—The evidence reviewed, and held not to show a forcible entry by the defendants, or such an actual and peaceable possession in the plaintiff as was necessary to enable him to maintain the action.</p>