McCormick v. Bailey

Citations

• 10 Cal. 230
• 1858 Cal. LEXIS 221

Syllabus

<p>In an action for a trespass upon land, alleged by the complaint to be in the possession of the plaintiff at the time of the unlawful entry thereon by the defendants, it is not a sufficient traverse of the allegation of possession for the defendants to aver in their answer, that to the best of their information and belief they did not commit the grievance upon any land in the lawful possession of plaintiffs.</p> <p>The lessor of plaintiffs is a competent witness in an action for a trespass to the leased premises, where the lease does not bind him to protect the plaintiff against trespassers.</p>