McKune v. Montgomery (1858) · DecisionDepot

McKune v. Montgomery

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1858Published

Before: Burnett, Terry

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Holding. A tenant who enters upon premises under a landlord is estopped from questioning that landlord's title in an action of ejectment.

Issues

Whether a tenant who enters under a landlord may contest the landlord's title in an ejectment action.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Having entered under Caulfield, the defendants are not in a position to question his title to the premises.”

Synopsis

In an action of ejectment, a tenant can not deny the title of the vendor of his landlord»

Terry, C. J., delivered the opinion of the Court—Burnett J., concurring. This is an action of ejectment for lands in Sacramento county.

It appears from the record that defendant Montgomery entered upon the premises in dispxite, as the tenant of Caulfield, the vendor of plaintiff, and that defendant Bacon’s possession was acquired from Montgomery.

Having entered under Caulfield, the defendants are not in a position to question his title to the premises. Whether Bacon’s entry was before or after his co-defendant had denied his landlord’s title, and claimed to hold adversely, is immaterial.

Judgment affirmed.

McKune v. Montgomery

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