Long v. Neville

Citations

• 29 Cal. 131

Syllabus

<p>Duty of Sheriff in serving Writ of Restitution.—It is the duty of the Sheriff, having the writ of habere facias possessionem,, to remove all persons who came upon the property after the suit was brought, except a person other than the defendant, who is in possession under a title adverse to the defendant.</p> <p>Service of Writ of Mabere Facias Possessionem,—Where ejectment is brought against a tenant alone, and pending the action the landlord dispossesses him and leases to another tenant who has no notice of the pendency of the action, it is the duty of the Sheriff who receives the writ of habere facias possessionem to remove the second tenant.</p> <p>Lis pendens.—The notice of lis pendens does not apply to the action of ejectment. It applies only to actions which operate directly upon the title.</p> <p>Ejectment does not affect Title.—Actions of ejectment do not affect the title to property, but the possession. The plaintiff recovering possession goes into possession with the title he previously had.</p>