Hutchinson v. McNally

Citations

• 3 Cal. Unrep. 209
• 23 P. 132

Syllabus

<p>Ejectment—Pleading.—Where the Complaint in Ejectment simply sets forth a deraignment of title, and then alleges that “while plaintiff was the owner, and entitled to the possession, as hereinbefore mentioned and set forth, the defendant entered,” the allegation as to ownership will be disregarded, as stating a mere conclusion.</p> <p>Ejectment—Homestead.—Where the Complaint Alleges That the Land in controversy was set off as a homestead to the widow of a deceased owner, it must state whether the land was set off in fee or for life, since an assignment of a homestead to a widow in fee out of her deceased husband’s estate, though erroneous, is conclusive unless appealed from.</p>