Leroux v. Murdock

Citations

• 51 Cal. 541

Syllabus

<p>Denials in an Answeb.—When the complaint is verified, an answer which denies its allegations in the conjunctive is insufficient.</p> <p>Idem.—If the complaint in an action of unlawful detainer avers that the defendant unlawfully entered upon the demanded premises, and the answer denies that he entered unlawfully, it admits the entry and raises an issue only upon the question of its lawfulness.</p> <p>Foboible Detainee.—In an action of forcible detainer, evidence that the plaintiff had a house in which he had lived, on a tract of land, and had the year before cultivated it to grain, and at the time of the alleged unlawful entry had a volunteer crop growing on it, tends to prove such a possesion of the land in the plaintiff as makes him an occupant thereof within the meaning of the second subdivision of section 1160 of the Code of Civil Procedure, in relation to a forcible detainer, even if he had been absent from the land for several weeks before the entry of defendant.</p>