Van Winkle v. Hinckle

Citations

• 21 Cal. 342

Syllabus

<p>An action cannot be maintained under the two hundred and fifty-fourth section of the Practice Act, by a landlord against his tenant in possession for the purpose of determining the validity of an adverse title set up by the tenant.</p> <p>The section of the statute above referred to must bo construed as giving a remedy only against parties who are in a position to assert their rights, and not against those who are barred by a temporary estoppel as to the right asserted on the other side.'L</p> <p>If a tenant renounce the ’ tenancy in favor of an adverse title the landlord may elect to consider himself ousted and maintain ejectment, but he cannot claim possession through the tenant and at the same time bring an action against him to determine the title.</p>