Preston v. Kehoe

Citations

• 15 Cal. 315

Syllabus

<p>To sustain forcible entry and detainer, plaintiff must have been in actual possession ; and, where the land is public land, not taken up under our Possessory Act, nor under the federal laws, such actual possession can be shown only by actual inclosure, or its equivalent. Merely putting down stakes, or marking out a boundary line is not sufficient.</p> <p>In such action, proof of forcible detainer does not prove forcible entry.</p> <p>Where the complaint avers forcible and unlawful entry, and that defendants forcibly detained the premises so unlawfully taken, forcible entry must be proven— the averment of detainer not being stated as an independent ground of relief.</p>