Hodgkins v. Jordan

Citations

• 29 Cal. 577

Syllabus

<p>Forcible Detainer.—The declaration of the defendant to the plaintiff, that he will not go off the premises unless put off by force or by law, does not constitute a forcible detainer.</p> <p>Same.—The mere surmise of a person, that if he attempts to regain possession, force will be used to prevent it, is not enough to show a forcible detainer, but an attempt must be made to regain possession, and either force, or threats of force, used to resist it.</p> <p>Same.—The action of forcible detainer is not intended as a substitute for the action of ejectment.</p>