Tong

Tong v. Richmond

Good Law
1 Cal. Unrep. 811
Supreme Court of CaliforniaAugust 23, 1875No. 3676California278 words

Opinion

Lead Opinion

Rhodes, J.

— The defendants allege that the court below held “that it was necessary, before the defendants could defeat the action, to show that the lands were entirely inclosed by them before the plaintiff entered.” We find nothing in the transcript indicating that the court so held. The state *812 ment purports to set out the testimony of the witnesses of the respective parties, but it is so vague and uncertain that it is almost impossible to ascertain what facts were proved. We infer from it that Mrs. Richmond at one time had the possession of the premises • in controversy; that subsequently the fences were so much out of repair or removed that cattle and teams could pass across the premises without obstruction; that one Stetson entered upon the premises with the knowledge and assent of the defendants and remained in possession until he sold the same to the plaintiffs; that the plaintiffs thereupon entered and inclosed the premises, and that soon thereafter they were expelled by the defendants. The defendants claim that Stetson entered and held the possession for Mrs. Richmond, while the plaintiffs contend that he held the possession for his own use. If Stetson in fact entered and held…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.