Bateman
Bateman v. Superior Court
Opinion
lead Opinion
Departmentmckinstry, J.
An action, in the form which has in this State been usually styled “ ejectment,” was brought in the late District Court of the Twenty-third Judicial District by the “ Savings and Loan Society,” a corporation, against the present petitioner and others. Plaintiff therein alleged that it was, and at all times since a certain date, had been, the owner, seized in fee, and entitled to the immediate and exclusive possession of the demanded premises, and that the defendants therein had been in possession of the same from a date included in the period of the alleged ownership of the plaintiff, and since such date had wrongfully and unlawfully withheld, etc.; further, that the rents, issues, and profits of the demanded premises, while plaintiff had been wrongfully excluded therefrom, was the sum of $250 for each and every month. The prayer was for the recovery of the possession of the real property, for the sum of $5,000 “ dam *286 ages for the withholding thereof,” and for the value of the “ rents, issues, and profits,” and costs.
The answer in the action of ejectment was a general and specific denial of all the averments of the complaint, and an allegation that the defendant, Bateman,…