Highland Park Oil Co. v. Western Minerals Co.

Action for forcible entry and for forcible detainer. Judgment went for plaintiff. Defendants appeal from an-order denying a new trial.

Plaintiff in its complaint alleges that on February 1, 1902, it was in peaceable and actual possession of the south half of the north half of section 28, township 11 north, range 23 west, San Bernardino Base and Meridian, Kern County, California ; and was engaged in erecting upon said land a cabin. That on said date the defendants by force and violence entered on said premises, and in a forcible manner ejected plaintiff therefrom, tore down and destroyed the cabin, and carried away the materials used in its construction. As a second cause of action, plaintiff repeated all the matters stated in the first cause of action, and alleged further that defendants still forcibly keep and hold possession of said premises. The answer, in effect, denies all the material allegations of the complaint; and upon the trial the court found the alle- ■ gations in the complaint to be true.

The principal contention of defendants on this appeal is, that the finding that plaintiff was in the peaceable possession of said premises at the date of the entry has no support…