South Beach Land Ass'n v. Christy

Citations

• 41 Cal. 501

Syllabus

<p>Party hot Amenable to Writ of Restitution.—A party in the actual possession of land at the commencement of an action of ejectment, and holding adversely to the plaintiff, is not amenable to a writ of restitution issued in the action to which he was not a party.</p> <p>Colorable Possession of Land.—Where a defendant in ejectment has taken possession of land in collusion with the plaintiff, for no other purpose than to afford such plaintiff a pretext to take possession under a writ of restitution, such pretended possession will be disregarded.</p> <p>Writ of Bestitution.—If a Sheriff has wrongfully turned a person out of possession of land under a writ of restitution, be will be restored by the Court to the possession, on motion made for that purpose.</p> <p>Reception of Irrelevant Testimony.—An order will not be reversed by the appellate Court on account of the reception of irrelevant testimony, if its reception does the appellant no harm.</p>