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· 7/1/1857

Henderson v. Grewell

Citations

  • 8 Cal. 581

Syllabus

<p>Acknowledgments to a deed should show that the officer knew the person, and that such person acknowledged to him that he executed the deed.</p> <p>Parties having the title, and the presentxright of possession, can always enter peaceably into tbe possession of premises, and cannot be held liable for so doing, in trespass or ejectment. If he uses force, the remedy is by forcible entry and detainer.</p> <p>The plaintiff having entered into possession under S. M. H., and in subordination to his title, cannot question S. M. H/s right to execute the mortgage or agreement, which conferred the right of re-entry upon defendant.</p>

Judges: Burnett, Terry

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