Hihn
Hihn v. Mangenberg
Opinion
Lead Opinion
Garoutte, J.
—This is an action of ejectment. The complaint was attacked by a general demurrer, and also by a special demurrer as to the sufficiency of the description of the land involved in the litigation.
The demurrer was overruled, and an answer filed by defendant denying the allegations of the complaint and setting up a lease by plaintiff to G. Mangenberg, the husband of defendant, and alleging that she was the surviving widow of said deceased lessee, and that no administration has been had upon his estate.
This is an appeal by the defendant from the judgment and order denying her motion for a new trial. The demurrer was properly overruled.
The complaint alleges that the plaintiff is seised in fee of the realty; that the defendant is in possession, and against plaintiff’s will detains and withholds the possession thereof.
After a careful review of the law upon this question, this court, in Payne v. Treadwell, 16 Cal. 243 , held such *270 a complaint sufficient. To the same effect is Rego v. Van Pelt, 65 Cal. 254 .
The demurrer to the complaint as to the insufficiency of the description of the realty was not well taken. The land was described as being in Soquel township, Santa Cruz…