Ellis v. Janes

Citations

• 10 Cal. 456

Syllabus

<p>In an action of ejectment against several defendants, the plaintiff has the right to prove what part of the land in dispute was occupied by one of the defendants.</p> <p>It has been held that the declarations of a tenant in possession of land, those declarations being made at the time of possession, may sometimes be given in evidence as a part of the res gestee to qualify the possession, the possession being the transaction which the declarations illustrate. But in order, and prior to the introduction of these declarations, it must-be proved that the tenant was in possession at the time the proposed declarations were made.</p>