Hestres v. Brennan

Citations

• 37 Cal. 385

Syllabus

<p>Change of Plaintiffs.—The substitution of one person as plaintiff in place of another, in case of a transfer of the cause of action, is a matter which the defendant cannot move. It concerns only the plaintiff or the person to whom the transfer is made. If the defendant desires to take advantage of the transfer for any cause, ho must do so by supplemental answer. As against a defendant, a plaintiff has a right to stay in Court till his case has been tried.</p> <p>Ejectment.—In ejectment the plaintiff must show that he was entitled to recover at the time the action was brought.</p> <p>Evidence of Title in Ejectment.—A patent for land, given to the plaintiff after he has commenced suit in ejectment, is not admissible in evidence to show his right to recover.</p> <p>Evidence op Title in Dependant in Ejectment.—Even if the plaintiff in ejectment shows title derived from the United States, through a patent from the State of California, the Court should not refuse to allow the defendant to prove title in himself, unless derived from the State or the plaintiff, even if the answer contains only a general denial.</p>