Olney v. Sawyer

Citations

• 54 Cal. 379

Syllabus

<p>Tenants in Common—Estoppel—Ejectment.—Tenants in common, in possession as such, cannot assail the common title, or call its validity in question. Held, accordingly—in an action by one tenant in common against others, to be let into possession—that the defendants could not justify an ouster of the jilaintiff, by setting up an outstanding title, (though it might be the true title) purchased by them while in possession under the common title; though they might assert their new title in an appropriate action,after letting the plaintiff into possession.</p>