45 Cal. 677
Decided July 1, 1873
California Supreme Court · decided 1873-07-01
This action was brought in September, 1872, under the Forcible Entry and Detainer Act of 1866, to recover possession of a house. The building is on the southeast quarter of section fourteen, township ten north, range eight east, Mount Diablo meridian.
Relies on Shelby v. Houston
Good law ✅— No negative treatment on recordhow we know
Decided 1873-07-01
Cited by 7 later decisions — most recently April 1961
7 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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¶1The facts of the case do not bring it within the provisions of either the first or second section of the Forcible Entry and Detainer Act of 1866; nor can the action be maintained under the third section, for an entry is not unlawful, within the meaning of that section, which was made peaceably and in good faith. (Shelby v. Houston, 38 Cal. 410-22; Townsend v. Little, ante, 673.) In this case the entry of the defendant was lawful, peaceable, and in good faith.
¶2Judgment and order affirmed.