Mayne v. Jones

Citations

• 34 Cal. 483

Syllabus

<p>Who may be Removed under Writ of Restitution.—A party and her tenants, coming into possession of lands, after an action brought to recover possession, under a prior unrecorded deed from two of the defendants in the action, of which plaintiff had no notice when the action was commenced, were properly dispossessed under a writ of restitution, issued on a judgment for plaintiff in said action.</p> <p>Idem—Setting Aside Return to Writ.—A motion made to set aside the return to the writ, showing the dispossession of said party and her tenants, and to reinstate them in possession, upon a showing of said facts, under the peculiar circumstances of the case disclosed by the record, was properly denied by the Court below. (Leese v. Claris, 29 Cal. 672, cited as authority, and error in report of that case corrected.) Idem.—Where a defendant, duly served in an action brought to recover possession of lands, was in possession of a portion of the demanded premises as guardian of an infant who held an unrecorded conveyance thereof, of which plaintiff had no notice when the action was commenced : held, that such defendant, and the infant and her tenants, who entered subsequent to the commencement of the action, were properly dispossessed under a writ of restitution issued on a judgment for plaintiff in said action.</p>