Summary
In Moore et al. v. Goslin (1855) 5 Cal. 266, the Supreme Court held that "[t]here could not be legally any more conclusive evidence of actual possession," where the land "had been for more than two years in possession of the plaintiffs, had been improved by them, and at the time of the entry, in their absence, was in express charge of their agents."
Summary of this case from Cheviot Hills Sports Center, Inc. v. City of Los AngelesOpinion
Appeal from the County Court of Contra Costa County.
COUNSEL:
Latham & Stanley, for Appellant.
John Currey, for Respondents.
JUDGES: Heydenfeldt, J., delivered the opinion of the Court. Murray, C. J., concurred.
OPINION
HEYDENFELDT, Judge
Our statute of forcible entries and detainers, provides a remedy for an unlawful entry as well as a forcible entry, and the policy of it is doubtless to avoid nice distinctions as to what constitutes force in an entry upon lands.
The case here presented is therefore barren and naked of objections. The defendant entered into the land in controversy when, according to the evidence, it had been for more than two years in possession of the plaintiffs, had been improved by them, and at the time of the entry, in their absence, was in express charge of their agents. There could not be legally any more conclusive evidence of actual possession.
See Frazier v. Hanlon, post, 159. See 16 Wis. 578, 602; 24 Wis. 405.