Groome v. Almstead

Citations

• 101 Cal. 425
• 35 P. 1021
• 1894 Cal. LEXIS 1051

Syllabus

<p>Claim and Delivery—Crops Raised by Possessor Without Title—Void Contract.—Crops raised by a surviving partner in possession of land patented to a deceased partner as a homestead claim, under a void contract to the effect that the patent was to be procured for the use and benefit of the copartnership, are not the subject of claim and delivery at the suit of the heirs of the patentee.</p> <p>Id.—Tenancy at Will—Rights op Possessor in Good Faith.—The contract to obtain the patent for the partnership being absolutely void, the partner in possession is not a tenant at will, and cannot claim the crops upon the ground that such tenancy was not terminated by thirty days’notice; but the plaintiffs out of possession cannot sue for the crops severed from the freehold by the defendant in possession of the premises, holding possession in good faith under adverse claim of right.</p> <p>Id.—Remedy op Plaintiffs.—The only remedy of plaintiffs as holders of the legal title is to recover damages for the withholding of the land, measured by the rental value, or the value of the use and occupation of the land during the period it was occupied by defendant.</p> <p>Appeal—Reversal op Judgment—Wrong Reason for Rendition.—A judgment which is right upon the merits should not be reversed by reason of the fact that the court gave a wrong reason for its rendition.</p>