Townsend v. Little
Synopsis
Entry on Land as a Pre-emptor.—When a party enters upon public surveyed land, peaceably and in good faith, believing that he has a right to enter, and is a qualified preemptor, and enters for the purpose of preempting, he cannot be removed under the Unlawful Detainer Act by one who had previously inclosed and was cultivating it.
Evidence op Entry on Land in Good Faith.—Evidence that land is public surveyed land of the United States, and that the defendant is a qualified preemptor, and that before filing his answer he has filed his declaratory statement in the United States Land Office, is, if uncontradicted, sufficient evidence of an entry in good faith to prevent the plaintiff from recovering in unlawful detainer, when he relies on prior possession.
By the Court: This action is brought under the third section of the Forcible Entry and Detainer Act of 1866. (Stats. 1865-6, p. 768.) If the defendant entered upon the land in good faith, believing she had a legal right to enter, this action cannot be maintained. (Shelby v. Houston, 38 Cal. 422.) The evidence tended to show that the land was public surveyed land of the United States; that the defendant was in all respects a qualified preemptor; and that before her answer was filed she had filed in the proper United States Land Office her declaratory statement for the quarter section in question. As there was nothing to the contrary, we think this was sufficient evidence that she entered in good faith, believing she had a legal right to do so.
Judgment and order reversed and cause remanded.
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