Townsend v. Little

Citations

• 45 Cal. 673

Syllabus

<p>Entry on Land as a Pre-emptor.—When a party enters upon public surveyed land, peaceably and in good faith, believing that he has a right to enter, and is a qualified preemptor, and enters for the purpose of preempting, he cannot be removed under the Unlawful Detainer Act by one who had previously inclosed and was cultivating it.</p> <p>Evidence op Entry on Land in Good Faith.—Evidence that land is public surveyed land of the United States, and that the defendant is a qualified preemptor, and that before filing his answer he has filed his declaratory statement in the United States Land Office, is, if uncontradicted, sufficient evidence of an entry in good faith to prevent the plaintiff from recovering in unlawful detainer, when he relies on prior possession.</p>