Mahoney
Mahoney v. Alviso
1876 Cal. LEXIS 76·51 Cal. 440
Supreme Court of CaliforniaJuly 1, 1876No. 4781California74 words
lead Opinion
It should have been stated in the complaint, if such were the fact, that the rents in controversy accrued subsequently *442 to the entry of the decree in partition, for it is upon this proposition, in the main, that the right of the plaintiffs to those rents would rest. There is no such averment found in the complaint in direct terms; nor do its allegations, fairly construed, amount to such an averment.
Judgment affirmed.