Conroy v. Duane

Citations

• 45 Cal. 597

Syllabus

<p>Transcript on Appeal.—The insertion, in. a transcript; of conveyances and records at full length, instead of briefly stating their substance and effect, and the copying verbatim of the testimony of witnesses by questions and answers, instead of stating so .much of the substance of the evidence as relates to the errors assigned, imposes unnecessary labor on the Court, and cannot be too strongly condemned.</p> <p>Possession Necessary to Maintain Forcible Entry or Detainer.— In order to maintain an action for a forcible entry or a forcible detainer, the plaintiff must prove that, at the time of the ouster complained of, he was in the actual and peaceable possession of the demanded premises. A constructive and scrambling possession is not sufficient.</p> <p>Idem.—It is also necessary, in order to maintain such action, to prove that the defendant made a forcible entry, or forcibly detained the premises from the plaintiff.</p> <p>Possession op Land.—A sufficient inclosure is of itself an actual possession of land, without a residence upon it, cultivation, or other act of dominion.</p> <p>Natural Barrier Benders Fence Unnecessary.—A natural barrier,: such as a deep stream, a precipitous cliff, the shore of the ocean, and the like, will serve as a portion of an inclosure of land, and render a fence unnecessary in order to constitute possession.</p> <p>When Transfer of Title Carries Possession.—If one who is in the actual possession of a marsh or mud flat, incapable of habitation or use in its then condition, conveys his title and possession, and the vendee promptly prepares to assert his title and enter into possession, he acquires a possession which is sufficient to enable him to maintain forcible entry or unlawful detainer against an intruder, although at the time the intruder entered, he had exercised no actual dominion or control over the land.</p> <p>Proof of a Forcible Detainer.—One who goes upon the land several weeks after the alleged ouster and forcible detainer