Cameron

Cameron v. Ah Quong

Caution
1908 Cal. App. LEXIS 194·8 Cal. App. 310·96 P. 1025
Court of Appeal of CaliforniaMay 28, 1908Civ. No. 437.California2,303 words

Opinion

Lead Opinion

Hart, J.

Action in ejectment. The plaintiff alleges ownership of the lands in dispute and ouster by the defendant, and prays for restitution of said premises, for damages for withholding the same and for the sum of $1,750 as the value of the rents and profits from January, 1898, to and including a portion of the year 1903.

The defendant, Ah Quong, answering the complaint, specifically denies the material averments thereof, and then pleads the bar of the statute of limitations.

Chin Shin intervened, and as a first cause of action sets up title to the lands in dispute by adverse possession, and alleges that the defendant, Ah Quong, holds possession of the same as his tenant; and, as a second cause of action, intervener alleges that he is the owner of two certain mortgages subsisting against the premises, and of which he acquired ownership by purchase from, and assignment by, the respective mortgagees, and that by reason of his said ownership of said mortgages the “plaintiff is not entitled to the judgment in this action prayed for by him, or to any relief whatever. ’ ’

The plaintiff interposed an answer to the first cause of action set out in intervener’s complaint, denying in detail the…

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