Lawrence v. Webster

Citations

• 44 Cal. 385

Syllabus

<p>Ejectment by Landlord against Tenant.—The provision in the fourteenth section of the Statute of Limitations, that the possession of the tenant shall he deemed the possession of the landlord, does not apply when the tenant acquired another title five years before the commencement of the suit, or has held adversely to the landlord for five years before the commencement of the suit.</p> <p>Idem.—If the tenant acquired another title five years before the commencement of suit by the landlord, or has held adversely to him more than five years, the landlord in ejectment must rely on title, exclusive of the lease.</p> <p>Plaintiff in Ejectment.—The plaintiff in ejectment cannot recover on the ground that a purchase made by the defendant should, in equity, inure to his benefit, but must rely on legal title.</p>