Gillespie v. Jones

Citations

• 47 Cal. 259

Syllabus

<p>Complaint in Ejectment.—It is not necessary in a complaint in ejectment, in order to entitle the plaintiff to recover on the ground of having acquired a title to the demanded premises by five years’ adverse piossession, to aver an adverse possession of five years.</p> <p>Idem.—Under an averment of ownership in fee and of right to the possession at the commencement of the action, the plaintiff may prove any facts which would entitle him to recover at that time.</p> <p>Idem.--In such case, an averment that the plaintiff’s grantor had been in possession for more than five years before the commencement of the action, is superfluous.</p> <p>Possession of Land.—If one person has a lot enclosed with a fence, and another, on an adjoining lot, erects a house which is several feet above the ground and projects over the fence on to the lot enclosed, without any portion of its walls resting on the land within the enclosure, the house is not a disturbance of the possession of the one who built the fence, so as to prevent the Statutes of Limitations from running in his favor.</p> <p>Obdee Granting New-Trial Conditionally.—If the plaintiff in ejectment obtains a verdict for a quantity of land in excess of what the evidence entitles him to, the Court may, if the defendant moves for a new trial, make an order granting a new trial, unless the plaintiff remits the excess of land, and dismisses the action with respect to it.</p>