Commissioners to Manage Yosemite Valley & Mariposa Big Tree Grove v. Barnard

Citations

• 98 Cal. 199
• 32 P. 982

Syllabus

<p>Unlawful Detainer—Defense—Mistake in Term of Lease— Evidence—Finding—Appeal—Conflicting Evidence.—In an action of unlawful detainer, where the defendant pleads a mistake in specifying the term of the lease, such defense, whether legitimate or not in such an action, is an affirmative one, and a finding against its existence is necessitated if no competent evidence is offered in its support to prove that the plaintiff intended to make a lease for a term other than that expressed, and where the evidence conflicts upon the question of mistake the finding of the court cannot be reviewed upon appeal.</p> <p>Id.—Lease to Third Party.—It is no defense to an action of unlawful detainer that the plaintiff has leased the premises to a third party, with whose right the defendant does not connect himself.</p> <p>Id,—Question of Title.—Title is never involved in an action of unlawful detainer, and the defendant cannot set up an outstanding title, or show any title not derived from the landlord.</p> <p>Finding Outside of Issues—Support of Judgment.—A finding outside of the issues cannot form an element in determining the judgment to be rendered.</p>