Hihn v. Mangenberg
Citations
- 89 Cal. 268
- 26 P. 968
- 1891 Cal. LEXIS 809
Syllabus
<p>Ejectment — Sufficiency of Complaint. — A complaint in an action of ejectment which alleges that the plaintiff is seised in fee of the realty, that the defendant is in possession, and against plaintiff’s will retains and withholds the possession thereof, states a cause of action.</p> <p>Id.—Description of Land — Special Demurrer.—A description of the land sought to be recovered in ejectment, as being iu Sequel township, Santa Cruz County, state of California, and bounded on the northeast by Bay Avenue, on the southeast by the land of M. E. Land, and on the southwest and northwest by Soquel Creek, is sufficient as against a special demurrer, it not appearing to be impossible for the proper officer to identify the land in the field.</p> <p>Landlord and Tenant — Lease — Expiration of Term. — Death of Lessee. — A lease for a fixed period expires at the end of that period, notwithstanding the death of the lessee before the expiration of the term.</p> <p>Id. — Estate of Deceased Lessee — Administration — Surviving Widow. — The fact that no administration is had upon the estate of a lessee who dies before the expiration of the term cannot prolong the term; and his surviving widow cannot defend an action of ejectment on that ground after the lapse of the term fixed by the lease.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- considering a claim of ineffective assistance of plea counsel raised in an amended motion to withdraw guilty pleas that was filed by new counsel
- summarizing the “situation that the United States Supreme Court confronted in Alford . . . [as] the defendant had entered a guilty plea to second-degree murder but accompanied his plea with the statement that he had not shot the victim”
- trial court entitled to credit plea attorney's testimony that he was prepared for trial over defendant's evidence to the contrary
- trial court entitled to credit plea attorney’s testimony that he was prepared for trial over defendant’s evidence to the contrary
- The grant of a motion for out-of-time appeal is the functional equivalent of the entry of a judgment.
- “To the extent the evidence was in conflict at the motion hearing, the credibility of Appellant’s testimony was for the trial court to determine.” (citation modified)
Source: CourtListener parenthetical corpus (CC0).
Judges: Garoutte
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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