Pickard v. Kelley
This text of 52 Cal. 89 (Pickard v. Kelley) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
To maintain an action of forcible entry there must be an actual and peaceable possession in the plaintiff. ( Vall v. Butler, 49 Cal. 75 ; sec. 1172, Code Civil Procedure.)
The certificate of pre-emption would not even give a right of possession, and certainly would not prove the fact of possession.
A deed is not admissible in evidence to show possession, or to show a right of possession. (Sanchez v. Louregro, 46 Cal. 641.),
[90]*90J. W- Hendrick, for the Eespondent.
The “ certificate of pre-emption ” did not tend to show actual possession in the plaintiff, and the Court below erred in admitting it in evidence.
Judgment and order reversed, and calase remanded for a new trial.
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Cite This Page — Counsel Stack
52 Cal. 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pickard-v-kelley-cal-1877.