Wilson v. Shackelford

Citations

• 41 Cal. 630
• 1871 Cal. LEXIS 147

Syllabus

<p>Unlawful Detainer—Possession of Premises without Actual Presence.—Where a person entered upon a vacant quarter section of public land, erected a small dwelling-house upon it, slept there several nights, and then, locking the house and taking the key with him, returned to an adjoining county, where he had previously resided, with intention immediately to return with his family to the new house as his home, but found his wife too ill to be removed, and she continued so for several months: held, that in contemplation of law he remained in possession, and that such possession was sufficient to maintain an action of unlawful detainer, against a person entering in his absence and refusing to surrender, under section three of the forcible entry and unlawful detainer Act of 1866. (Stats. 1865-6, p. 768.)</p> <p>Shelby v. Houston, 38 Oal. 410—On the point that a person may be an occupant and have peaceable and undisturbed possession of premises within five days preceding an unlawful entry, within the meaning of section three of the forcible entry and unlawful detainer Act of 1866 (Stats. 1865-6, p. 768), without the actual presence of himself or any person in his behalf, affirmed.</p>