Lasserot v. Gamble

Citations

• 5 Cal. Unrep. 510
• 46 P. 917
• 1896 Cal. LEXIS 1045

Syllabus

<p>Forcible Detainer—What Constitutes.—A Lease Provided That on Failure of the lessee to perform certain covenants the lessor might recover possession without notice or demand. After the lessee had been in peaceable possession for several months, the lessor, claiming a violation of the lessee’s covenants, ordered him to leave the premises, but did not give the written notice required by Code of Civil Procedure, sections 1161, 1163. On the lessee’s refusal to leave, the lessor had him arrested on a warrant charging a public offense, and during his absence took possession, without the consent of the employee in charge, and refused to surrender possession to the lessee for more than five days after demand therefor. Code of Civil Procedure, section 1160, provides that a person who, during the absence of the occupant, unlawfully enters on real property which for more than five days prior thereto has been in the peaceable possession of such occupant, and refuses to surrender for five days after demand therefor, is guilty of forcible detainer. Held, that defendant was liable under said aet.1</p> <p>Forcible Detainer—Evidence.—In an Action Against said lessor by the lessee for forcible detainer it was competent to show that plaintiff was arrested at defendant’s instance, for the purpose of getting him away from the premises, so that defendant might enter and take possession thereof.</p> <p>Forcible Detainer — Evidence.—In Forcible Detainer, under Code of Civil Procedure, section 1160, evidence of title in defendant is inadmissible.</p>