Freer v. Tripp

Citations

• 2 Cal. Unrep. 91

Syllabus

<p>Cotenancy—Ouster.—A Eefusal by a Tenant in Common in Possession to admit his cotenant into the possession is itself an ouster, and dispenses with further proof on that point.</p> <p>Cotenancy—Ouster.—In an Action by a Tenant in Common against his eotenant for admittance into the possession, a denial in the answer that the plaintiff has title and right of entry is an ouster.</p> <p>Cotenancy—Adverse Possession.—A Tenant in Common Does not, by merely occupying and cultivating the premises, have the benefit of the statute of limitations against his cotenant, seeking by action to he admitted into the possession, unless it appears that he held adversely to the plaintiff.</p>