Plass v. Plass

Citations

• 121 Cal. 131
• 53 P. 448
• 1898 Cal. LEXIS 863

Syllabus

<p>Ejectment—Tenancy in Common—Ouster—Admission-of Pleadings—Non-suit.—In an action by a tenant in common against his cotenant to be admitted into the possession, a denial in the answer of the plaintiff’s title and right of entry is equivalent to an ouster as of the date of the commencement of the action; and, in such case, the ouster is deemed admitted by the pleadings, and need not be proved; and a nonsuit should not be granted for failure to prove the ouster.</p> <p>Id.—Estates of Deceased Persons—Heirs—Executors—Common Pbopebty. An heir can claim no right of action in ejectment as against the executors, in respect of property directly inherited from the decedent whose estate is being administered; but, as respects the share of common property inherited by a son from a deceased mother, under the act of 1850, although the executors of the deceased father may have control thereof for the purpose of adjusting the community debts, yet the probate court has no jurisdiction to determine the adverse claims of the son as heir of his deceased mother, and his right to the possession of the property as a tenant in common with the executors of the deceased father may be determined in an action of ejectment brought by him against them.</p>