Bay v. Pope

Decided July 1, 1861

California Supreme Court · decided 1861-07-01

'Ejectment to recover land and damages for its detention. The complaint avers ownership of the premises in one • Barber on the tenth of March, 1860, a conveyance by him to plaintiff on that day, as well as entry and ouster by defendants. The land is described as a portion of a ranch conveyed by John Bidwell to one Barber. Damages are claimed at one hundred dollars per month, from March 10th, 1860.

Relies on Lord v. Morris

Good law ✅— No negative treatment on recordhow we know

Decided 1861-07-01

How this case has been cited

Cited by 4 later decisions — most recently December 1889

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Baldwin, J. delivered the opinion of the Court

¶1Cope, J. concurring.

¶2Appeal and cross appeal. The judgment is affirmed in the direct appeal, with costs.

¶3In the cross appeal the judgment is erroneous, in allowing the recoupments for the improvements against the mesne profits found

¶4 *696by the jury: 1. The improvements were made before the plaintiff’s title accrued. 2. The case made by the finding and pleadings does not bring the defendant within the Practice Act (Sec. 257). The holding of the defendant was not adverse within the section. (See 18 Cal. 487, and cases.)

¶5The last cause—on cross appeal—is remanded, that the proper judgment may be entered on the finding, by adding the yearly rent as damages in the judgment.

¶6Ordered accordingly.