Collier v. Corbett

Citations

• 15 Cal. 183

Syllabus

<p>Complaint in ejectment need not state the exact time of the alleged ouster, especially when no claim is made for damages, and no recovery had for them—the allegation in this case as to time of ouster being, “ on or about December 12th, 1857.”</p> <p>Where instruments are lost by fire, it is impossible to prove with exactness the contents. (See facts.)</p> <p>Where instructions to the jury are not excepted to at the time they are given or refused, and a motion for new trial is made for error in giving and refusing such instructions, they cannot be considered, on appeal from the order denying the motion.</p> <p>One tenant in common may sue a party in possession by adverse claim, and recover the premises, if plaintiff represents the better title.</p>