Hutchinson v. Perley
4 Cal. 34 | Cal. | 1854
delivered the opinion of the Court.
Possession is always prima facie evidence of title, and proof of prior possession is enough to maintain ejectment against a mere naked trespasser.
The allegation that the plaintiff was in possession at the the time of the ouster complained of, is a sufficient allegation of title to make the declaration good.
The demurrer was, therefore, improperly sustained.
The judgment is reversed with costs, and the cause remanded.
