Sullivan v. Beardsley

Citations

• 55 Cal. 608
• 1880 Cal. LEXIS 332

Syllabus

<p>Eviction—Definition—Pendency of Action—Judgment.—The defendant leased land to the plaintiff upon which there was a stream of water; and the next day, in an action commenced prior to the lease by the San José Water Company—in which, however, no notice of lis pendens had beenfiled—consented to a decree for the condemnation of the water, and tlio water company afterward appropriated the water of the stream. In an action for damages for the loss of the water, held, that, as the defendant’s lease antedates the decree, and he had no notice, actual or constructive, of the pend-ency of the action, he was not affected by it; and that, as the defendant had not participated in the diversion of the water, or done anything beyond consenting to the entry of a decree against himself, which could not in any way affect the rights of the plaintiff, there was no eviction.</p> <p>Id.—Id.—Id.—To constitute a partial eviction, in such a case as the one stated, it would be necessary for the plaintiff to show that the water company had established a right to divert the water by a title prior to that of the plaintiff, or that the defendant had at least had some agency in diverting it. ^</p>