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18 Cal. 496

McCabe v. Hand

California Supreme Court

Decided July 1, 1861

California Supreme Court · decided 1861-07-01

Forcible entry and detainer for one hundred and sixty acres of land, averred in the complaint in the Justice’s Court to have been taken up and improved under the Possessory Act of 1852. The suit was against M. Hand, S. Hand, Guard and E. Reeves. M. Hand and Reeves in their answers disclaim title or possession of a portion of the land in controversy, but claim the balance, and deny any illegal entry. The other defendants disclaim all interest or possession.

Decided 1861-07-01

Baldwin, J. delivered the opinion of the Court

¶1Cope, J. concurring.

¶2The Court erred in excluding the witness Reeves. He was not incompetent. His promise to indemnify the defendants—if that be the language on the voir dire—did not create a legal obligation; and it is only an interest recognized as such by law in the event of the suit which excludes. Nor did his supposition that the plaintiff would take a part of his land disqualify him. It is the fact of interest, not the incorrect notion of it, which incapcitates him.

¶3It is not deemed necessary to notice other points.

¶4Judgment reversed and cause remanded.

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