Roff v. Duane

Citations

• 27 Cal. 565

Syllabus

<p>Bents and Profits in Forcible Entry and Detainer.—As the right to the possession of the premises is not in issue in an action for forcible entry and unlawful detainer, if it is found that at the time of the alleged forcible entry the plaintiff had the actual and peaceable possession, and that the defendants unlawfully detained the premises, the plaintiff is entitled to recover the monthly rents and. profits during the time of the unlawful detainer, without regard to the nature or extent of the right or title by which he held the possession.</p> <p>Evidence in Forcible Entry and Unlawful Detainer.—If D. and H. are in the peaceable possession of a lot of land, and S. and S., accompanied by others— their employés—forcibly evict them therefrom and take possession, and then lease the lot to B., who enters into peaceable possession, and five days afterwards D. and H., with others, forcibly dispossess B. and take possession, and B. brings an action of forcible entry against them, D. and H. cannot introduce evidence of their prior eviction by S. and S. in defense.</p> <p>Effect of Stating Purpose of Evidence.—If a document is offered in evidence, and the party offering it states that he offers it for a particular purpose, it must be confined in its effect as evidence to the purpose expressed when it was offered.</p> <p>A Lease in Form not Signed by the Lessor.—A lease in form, which contains the name of one person as lessor in the body of it, and is signed by another person, and also the lessee, is not a lease, nor is it admissible in evidence in an action of forcible entry and unlawful detainer on behalf of the nominal lessee, (the plaintiff in the action,) for the purpose of showing the extent of the property which the plaintiff claims he possessed.</p> <p>Admission of Illegal Testimony.—If illegal testimony is admitted by the Court below, and the appellate Court cannot determine whether the finding of the Court below was based on this or other testimony in the case, t