Morgan v. Higgins

Citations

• 37 Cal. 59

Syllabus

<p>Forcible Entry Action—A Deed as Evidence of Possession.—Where in a forcible entry action the plaintiff, after introducing evidence tending to show an actual possession of the demanded premises by one C. up to the time of the alleged forcible entry, introduced in evidence, against the defendant’s objection thereto, a deed to the premises from 0. to plaintiff, dated one month prior to said entry, for the avowed purpose of showing that at the time of said entry the apparent possession of the premises by G. was the possession of plaintiff; Held, first, that there was no error in admitting the deed; and, second, that the fact sought to be established by the deed might properly have been proven by parol evidence.</p> <p>Evidence of Possession in Forcible Entry Action.—In forcible entry actions, evidence concerning the possession of the locus in quo must, to be relevant, be such as to connect the party asserting the-same with the actual possession at the time of the alleged forcible entry. .</p> <p>New Trial—Conflict of Evidence.—On appeal from an order denying a new trial, this Court will not in any case disturb the judgment because not supported by the evidence where there was a substantial conflict in the evidence.</p>