Uttendorffer v. Saegers

Citations

• 50 Cal. 496

Syllabus

<p>Trespass Quabe Clausum Fbegit.—In trespass, guare clausum fregit, it is incumbent on the plaintiff to show that he was in the actual possession of the premises at the time of the alleged trespass, and the defendant may prove, under a general denial, that a tenant of the plaintiff was in the actual possession.</p> <p>Action by Bevebsioneb for Injury to Freehold.—In an action by a reversioner for an injury done to the freehold, the duration of the term of the • tenant in possession is evidence admissible on behalf of the defendant, as affecting the measure of damages.</p> <p>Trespass on Land.—An action for forcibly entering upon land owned and possessed by the plaintiff, and tearing down a dwelling-house and outbuildings, and carrying away the materials of which they were built, and for digging up and carrying away fruit trees, is guare clausum fregit.</p>