Pickard v. Kelley, 52 Cal. 89

Pickard v. Kelley

52 Cal. 89

Cal.

1877

Check Treatment

To maintain an action of forcible entry there must be an actual and peaceable possession in the plaintiff. ( Vall v. Butler, 49 Cal. 75 ; sec. 1172, Code Civil Procedure.)

The certificate of pre-emption would not even give a right of possession, and certainly would not prove the fact of possession.

A deed is not admissible in evidence to show possession, or to show a right of possession. (Sanchez v. Louregro, 46 Cal. 641.),

*90J. W- Hendrick, for the Eespondent.

By the Court :

The “ certificate of pre-emption ” did not tend to show actual possession in the plaintiff, and the Court below erred in admitting it in evidence.

Judgment and order reversed, and calase remanded for a new trial.