Chipman v. Hastings

Citations

• 50 Cal. 310
• 1875 Cal. LEXIS 155

Syllabus

<p>Equitable Defense in Ejectment.—If the defendant in ejectment has a perfect legal title, he need not go into equity to assert it.</p> <p>Confirmation of Land Grants in California.—By the act of Congress of 1851, “to ascertain and settle private land claims in California,” the duty was not imposed on the Commissioner or the United States Courts, to determine the precise character of the claims presented for confirmation, hut to determine whether claims should be declared valid under the treaty of Guadalupe Hidalgo, the law of nations, and the laws, usages and customs of the government from which the claim was derived.</p> <p>Recovery by Tenant in Common in Ejectment.—If the plaintiff in ejectment is a tenant in common in the demanded premises, along 'with' persons other than the defendant, and the defendant tortionsly enters upon the premises and ousts him, the plaintiff is entitled to recover the whole of the premises.</p> <p>Idem.—If one tenant in common in the demanded premises brings ejectment against a defendant who entered without title, the fact that the defendant has acquired, by adverse possession, the title of the tenants in common who are not made parties plaintiff, does not preclude the plaintiff from recovering the whole of the premises.</p>