Hutchinson v. Perley
Cases that cite this one
2 later published cases cite this decision.
- Mickey v. Stratton (U.S. Circuit Court for the District of Oregon 1879)
- Dondero v. O'Hara (Cal. Ct. App. 1906)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.