47 Cal. 474 | Cal. | 1874
In Peralta v. Ginochio, ante, p. 459, we considered the effect of the circumstance that a tenant was in the possession at the time, and prior to the execution of a lease, which was subsequently relied on, as estopping the lessee from denying the title of the lessor. We there held: “The landlord, by production of the lease, makes a prima facie case, and the burden of proof is cast on the tenant; and unléss he overcomes it by showing paramount title in him self, or those under whom he claims, the landlord must prevail.” It remained for the defendant in this case, therefore, to connect himself with a superior title.
On the trial below it appeared, from an entry in the book of Alcalde records of the Pueblo de San José, that a grant was made by the chief magistrate of the pueblo to one Charles White, on the sixth day of December, a.d. 1846.. The grant was of a lot “twenty-five yards in front by fifty in depth, and is bounded south-east by Chaipa Garcia’s house and lot.”
On the twentieth of February, 1849, the then 'Alcalde made an entry in the same 'book, and immediately below the foregoing minute of a grant, in these words: “The above is located fronting twenty-five varas on Market Place, and forty varas fronting on San Carlos street.”
The defendant having failed to connect himself with a title paramount, the plaintiff should have recovered judgment, by reason- of his position as landlord.
Judgment reversed and cause remanded for a new trial. Remittitur forthwith.