Keller v. Ruiz De Ocana
California Supreme Court Jul 1, 1874 No. No. 3,931Published
Before: McKinstry
Synopsis
Complaint in Ejectment.—In a complaint to recover possession of land, it is sufficient to aver that the plaintiff owns the same, and that the defendant is in possession adversely to the plaintiff, and withholds the same.
By the Court, McKinstry, J.: The demurrer to the complaint should have been overruled. (Payne v. Treadwell, 16 Cal. 242.)
Judgment and order reversed, and cause remanded.
Mr. Justice Rhodes did not express an opinion.
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