Alemany v. Ortega (1884) · DecisionDepot

Alemany v. Ortega

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

California Supreme Court May 29, 1884 No. No. 9494Published

AI Brief

AI-generated · verify before citing

Holding. The court held that the plaintiff failed to prove the elements of forcible entry, as the evidence demonstrated the defendant did not commit a forcible entry and the plaintiff was not in possession of the land.

Issues

Whether the evidence established a forcible entry by the defendant.
Whether the plaintiff was in actual occupancy of the land at the time of the alleged entry.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“the evidence fails to show that there was any forcible entry on the part of the defendant or that the land in question was in the possession of the plaintiff.”

“it shows that the land was in the possession of Francisco Mora, bishop of Monterey, and lessor of the defendant at the time of the latter’s entry.”

Synopsis

Forcible Entry.—Findings Held sustained by the evidence.

By the COURT. This is an action for an alleged forcible entry upon lands alleged to have then been in the actual occupancy of the plaintiff. We think the evidence fails to show that there was any forcible entry on the part of the defendant or that the land in question was in the possession of the plaintiff. But that, on the contrary, it shows that the land was in the possession of Francisco Mora, bishop of Monterey, and lessor of the defendant at the time of the latter’s entry.

Judgment and order affirmed.

Alemany v. Ortega

AI Brief

Synopsis

More from California Supreme Court

Related research

AI Brief