Rousset v. Reay

Citations

• 3 Cal. Unrep. 717
• 31 P. 900
• 1893 Cal. LEXIS 992

Syllabus

<p>Ejectment — Alias Writ of Possession.—Plaintiff having obtained judgment in ejectment, a writ of possession was issued and executed in 1882 against defendants and one M., who was not a party to the suit, and a few months later M. re-entered, and remained thereafter in exclusive possession. In 1889, plaintiff moved for an alias writ of possession against defendants and M. Held, that M. could show on such motion that he was not a member of defendants’ family, and that his possession was open and notorious, and that he was the owner of the premises in dispute, and was not a party to the ejectment suit.</p> <p>Ejectment—Writ of Possession.—Where M.’s Possession was Adverse for more than six years from the time of his re-entry, and ripened into a new title, it could not be affected by the former judgment.</p> <p>Ejectment.—A Motion for an Alias Writ of Possession should not be entertained where the lapse of time after re-entry is sufficient to create a title in an adverse possessor, and bar an action of ejectment.</p> <p>Ejectment—Alias Writ of Possession.—Where Judgment for plaintiff in ejectment is fully executed by putting plaintiff in possession, an alias writ of possession cannot issue except upon an adjudication that the person against whom the writ is to run is guilty of a contempt. Huerstal v. Muir, 64 Cal. 450, 2 Pac. 33, followed.1</p>