Tevis v. Hicks

Citations

• 38 Cal. 234
• 1869 Cal. LEXIS 143

Syllabus

<p>Occupancy op Lands by Tenants in Common.—Tenants in common hold their lands by unity of possession, and each and every one of them has the right to enter and occupy the whole of the common lands, and every part thereof.</p> <p>Possession op one Tenant in Common__One tenant in common has no share, except that which is undivided, and has no right to exclude his co-tenant from any portion of the common lands.</p> <p>Oarpentier v. Wilson (27 Cal. 524) cited and approved.</p> <p>Wbit op Assistance—Execution op.—It is the duty of the Sheriff, in the execution of a writ of assistance, to place the purchaser on foreclosure of mortgage of an estate in common in the possession of every part and parcel of the land, jointly with the other tenants in common.</p> <p>Idem. —In the execution of the writ, the Sheriff cannot remove any of the tenants in common who hold under a title derived from a source independent of him through whom the purchaser claims.</p> <p>Writ of Assistance—Second Wbit.—If the return to the first writ does not clearly declare that it has been fully executed, and it is made to appear by affidavits that it has not been, it is competent for the Court to issue another writ.</p>