Truman v. Young

Citations

• 121 Cal. 490
• 53 P. 1073
• 1898 Cal. LEXIS 938

Syllabus

<p>Claim and Delivery—Insufficient Complaint—Continued Risht of Possession not A ybbbed.—A complaint in an action of claim and delivery for the recovery of personal property, which merely alleges that on a specified date prior to the commencement of the action, plaintiff was the owner and entitled to the immediate possession of certain goods and chattels described, without any allegation that plaintiff was the owner, or any averment showing a right of possession thereof in plaintiff after that date, is insufficient to state a cause of action, notwithstanding subsequent averments of a demand of possession and of refusal of defendants to deliver the same, and that defendant unlawfully withholds and detains the same from the possession of plaintiff.</p>