Warburton v. Doble

Citations

• 38 Cal. 619

Syllabus

<p>Eobceble Entbt and Detainee—Pleadings in. —In actions for forcible entry and detainer, tbe denial that the plaintiff owned the buildings on the premises in controversy, does not raise an issue which can be tried in that action.</p> <p>Idem—Set-off ob Countee Claim__A set-off, or counter claim, is not admissible in actions of this class, whether it be a demand for money or for a previous forcible entry of the plaintiff.</p> <p>Idem—Pboof that Possession was Peaceable Requisite__Under the statute, the plaintiff must show not only an actual possession, but also that the possession was peaceable.</p> <p>Idem—In what Cases the Title mat be Enquired into in Determining the Damage—Waste—When damages are claimed which do not necessarily result from the forcible entry or detainer—as for waste, the title to the property alleged to have been injured is a proper subject of enquiry.</p>