Hussey v. McDermott

Citations

• 23 Cal. 413

Syllabus

<p>Several persons were owners of separate tracts of land within an outs which formed a common inclosure; but the division lines of the separate tracts within the common inclosure were well known and defined, and each person cultivated his own tract.</p> <p>A and B, two of these owners, disposed of their tract to C. Soon after this, D, who was the owner of another tract within the inclosure, went on the tract sold to C and commenced plowing it. C went to D, took hold of his horses, and commenced turning them from the tract, when D drew a pistol, and aiming it at him threatened to hurt him if he did not leave. D continued plowing on the land: held, that the acts committed by D, clearly amounted to a forcible entry and detainer; and that the general outside fence constituted as full and complete an actual possession in the owner of each separate tract, as though it had been inclosed by a lawful fence.</p>