St. George Scarlett v. Lamarque — 5 Cal. 62

Majority

p. 63

ST. GEORGE SCARLETT, Appellant, v. B. L. LAMARQUE and others, Respondents.

Headnote

Whore a party of four or five men enter a building occupied by another in the night time, during the hours of sleep, and take possession, and avow their intention to keep possession, and actually do keep possession, it is sufficient evidence of force to maintain the action of forcible entry and detainer.

Appeal from the County Court of Nevada County.

Alexander Anderson for Appellant.

Dibble & Thayer for Respondents.

Murray, C. J., concurred.

Where a party of four or five men enter a building occupied by another, in the night time, during the hours of sleep, and take possession, and avow the intention to keep possession, and actually do keep possession, it is sufficient evidence of force to maintain the action of forcible entry and detainer.

The judgment is reversed, and the cause remanded.