Conner v. Bludworth

Citations

• 54 Cal. 635

Syllabus

<p>Replevin—Blearing—Complaint—Demurrer—Oyer.—Replevin for a crop of wheat cut and taken by defendants on land in possession of the plaintiff— the complaint, besides the proper allegations, alleging that the plaintiff was in possession of said land and crop, and entitled thereto by virtue of certain specified instruments of record in the Recorder’s office of Kern County. Held, that the last allegation was mere surplusage, and the complaint therefore not open to demurrer on account of the omission of the instruments. And held, further, that, had the defendants demanded oyer of the instruments, (which the record failed to show) they would not have been entitled to it, because the plaintiff did not count upon the instruments.</p>