Knowles

Knowles v. Crocker Estate Co.

Good Law
125 Cal. 264·1899 Cal. LEXIS 843·57 P. 998
Supreme Court of CaliforniaJune 30, 1899S. F. No. 1037California654 words

Opinion

Lead Opinion

Action founded on an alleged forcible entry upon real property and also a forcible detainer thereof. In the first count of the complaint it is alleged,among other things,that on November 16, 1896, plaintiff was in 'the peaceable and undisturbed possession of certain described lands,and that while he was so in possession the defendants with force, et cetera, entered thereon and “in a forcible manner ejected plaintiff and put him out of said real property” and broke down his fences inclosing the same. In the second count of the complaint plaintiff repeats by reference the allegations of the first, and further avers that since the said forcible entry the defendants, by force and menaces and threats of violence, have held and yet hold possession of the land aforesaid. Defendants demurred to each count of the complaint, on the grounds that it does not state facts sufficient to constitute a cause of action, and for uncertainty in that it cannot be ascertained therefrom “what was the character of the alleged possession of plaintiff of the property described.” The court overruled the demurrer, and upon the subsequent trial of the cause rendered judgment in plaintiff’s favor for…

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