Rego v. Pelt

Citations

• 65 Cal. 254
• 3 P. 867
• 1884 Cal. LEXIS 508

Syllabus

<p>Ejectment—Tenants in Common.—In ejectment, the plaintiff is not required to show a right of possession in a person from whom both he and the defendant deraign title, nor can the defendant assail the title of the common grantor. The unity of possession, where both derive from the same source, cannot be denied by either. ”</p> <p>Id__Quit-Claim Deeds.—A quit-claim deed executed prior to the Act of Pebruary 22, 1854, is sufficient to pass any estate the grantor had, and to enable the grantee to maintain ejectment if his grantor could have done so.</p> <p>Id.—Pleading—Ousteb.—In the absence of a special demurrer, a complaint sufficiently alleges an ouster when it avers “ defendants are in possession of said lands and premises and the whole thereof, withhold the possession of the whole thereof from plaintiff, and exclude plaintiff from the same.”</p>