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· 7/1/1874

De Peralta v. Ginochio

Citations

  • 47 Cal. 459

Syllabus

<p>Landlobd and Tenant.—In order that a defendant, who has taken alease from • the plaintiff, may avail himself of the rule, that a tenant who did not enter under the lease, but was in possession at the time it was made, is not estopped from disputing his landlord’s title, he must prove paramount title in himself, or those under whom he claims. It is not enough to dispute the title by averment. The production of a lease which is valid as a contract between the parties makes out a prima facie case for the landlord.</p>

Judges: Rhodes

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