Southmayd v. Henley

Citations

• 45 Cal. 101

Syllabus

<p>Ejectment on Prior Possession.—One who has built a fence of any kind around land, which, together with natural barriers, is sufficient to turn cattle, and has used it for pasturage, can maintain ejectment to recover it from a mere intruder, who enters upon it without right or title.</p> <p>Evidence oe Outstanding Title in Ejectment. — A mere intruder, who enters upon a portion of a tract of land previously inclosed by another, cannot, in ejectment brought by the prior possessor, introduce evidence of title outstanding in a third person, either to defeat a recovery or to reduce the damages.</p> <p>Idem.—In ejectment by a prior possessor for a part only of an inclosed traót of land, the defendant, if a mere intruder, cannot introduce evidence of title outstanding in a third person to a portion of the land inclosed, other than the demanded premises.</p>