Treat v. Stuart

Citations

• 5 Cal. 113

Syllabus

<p>The plaintiff in an action of forcible entry and detainer, must show an actual peaceable possession in himself at the time of the entry.</p> <p>A landlord cannot sue in this form., in his own name, for an unlawful entry upon the possession of his tenant.</p> <p>The remedy is a summary one, given by statute to protect the possession, and cannot be extended by implication to any other than the real occupants.</p>