Pickard v. Kelley

Decided July 1, 1877

California Supreme Court · decided 1877-07-01

Action of forcible entry and detainer to recover possession of the north half of the southeast one-quarter of section nine, and the north one-half of the southwest one-quarter of section ten, township twenty-nine north, and range thirteen east, Mount Diablo meridian.

Cited by 1 later decisions — most recently April 1888

1 state decisions

Relies on Sanchez v. Loureyro · Voll v. Butler

Good law ✅— No negative treatment on recordhow we know

Decided 1877-07-01

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¶1To 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.)

¶2The certificate of pre-emption would not even give a right of possession, and certainly would not prove the fact of possession.

¶3A deed is not admissible in evidence to show possession, or to show a right of possession. (Sanchez v. Louregro, 46 Cal. 641.),

¶4 *90J. W- Hendrick, for the Eespondent.

By the Court :

¶5The “ certificate of pre-emption ” did not tend to show actual possession in the plaintiff, and the Court below erred in admitting it in evidence.

¶6Judgment and order reversed, and calase remanded for a new trial.