Saulque v. Durralde

Citations

• 4 Cal. Unrep. 126
• 33 P. 1090
• 1893 Cal. LEXIS 1012

Syllabus

<p>Forcible Detainer—Plaintiff’s Possession—Sufficiency.—In forcible detainer, it appeared that plaintiff claimed under a lease of the stubble; that he kept sheep three days on twenty acres not in grain; that fifteen days afterward he put three watering troughs on the land; that fifty-three days thereafter he returned and demanded possession of defendant, who had taken possession; and that at such time the grain was cut, but on the ground unthreshed. Held, that plaintiff did not have such possession as entitled him to recover, under Code of Civil Procedure, section 1160, subdivision 2, which provides that a person is guilty of forcible detainer who, during the absence of the “occupant” of any lands, unlawfully enters thereon, and that “occupant” means one who, within five days preceding such unlawful entry, was in peaceable possession.1</p>