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Alemany v. Ortega

ALEMANY, Archbishop v. ORTEGA

Alemany v. Ortega, 4 P. 13 (Cal. 1884)
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Court
California Supreme Court · State Highest Courts
Decided
May 29, 1884
Docket
No. 9494
Citations
4 P. 132 Cal. Unrep. 323
Syllabus
Forcible Entry.—Findings Held sustained by the evidence.
Summary
APPEAL from the Superior Court of Santa Barbara County.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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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.

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