Knowles v. Crocker Estate Co.

Citations

• 125 Cal. 264
• 57 P. 998
• 1899 Cal. LEXIS 843

Syllabus

<p>Forcible Entry and Detainer—Defective Complaint—Actual Possession of Plaintiff.—In an action for forcible entry and detainer, the complaint must show that the plaintiff was in actual possession of the property, as distinguished from the constructive possession thereof, when it was invaded by the defendant; and if it merely alleges that plaintiff was in the peaceable and undisturbed possession, it is defective upon special demurrer for uncertainty, if not upon general demurrer.</p> <p>Id.—Specification in Demurrer for Uncertainty.—The specification in a special demurrer to such complaint for uncertainty, in that it could not be ascertained therefrom “what was the character of the alleged possession of plaintiff of the property described,” though not very clear, is sufficient to put the plaintiff upon notice that the complaint is objected to for not specifically alleging actual possession.</p>