Knowles v. Murphy

Citations

• 107 Cal. 107
• 40 P. 111
• 1895 Cal. LEXIS 718

Syllabus

<p>Unlawful Detainer—Parties—Action by Executors op Deceased Lessor.—The executors of a deceased lessor may bring an action of unlawful detainer against Ms lessees, who hold over after written demand for the payment of rent or for the delivery of possession of the demised premises.</p> <p>Id.—Estates of Deceased Persons—Executors Successors to Estate of Landlord—Notice to Tenant.—While engaged in the administration of the estate of a deceased person, the executors are to be regarded as the successors in estate of the landlord, for the purpose of giving the notice authorized by section 1161 of the Code of Civil Procedure, and enforcing against the tenant who is guilty of an unlawful detainer the remedies authorized by that code.</p> <p>Id.—Pleading—Surplusage.—Where the complaint in an action of unlawful detainer sufficiently states a cause of action, and sets forth the terms of the lease and the period during which the defendant had been in default in the payment of the rent prior to the date of the demand, and showing that the rent was payable in advance, the averment that the amount in default covered a period which extended beyond the date at which the demand was made, or beyond the date when the last installment accrued, is merely surplusage.</p> <p>Id.—Manner of Service of Notice—General Demurrer—Construction of Pleading.—It is not necessary in a complaint for unlawful detainer to allege the manner in which the notice to pay the rent or to surrender possession was served, and, if the fact of the service is distinctly alleged, this allegation will he construed, as against a general demurrer, to include every thing necessary to constitute a sufficient service.</p> <p>Id.—Nonsuit—Sufficiency of Proof.—A nonsuit is properly denied, where the proof shows the execution of the lease and the default in the payment of the rent provided therein, and there is an admission in the answer that the defendants held possession of the demised premises.</p> <p>Id.—Pleading—Admiss