California Supreme Court, 1855

St. George Scarlett v. Lamarque

St. George Scarlett v. Lamarque
California Supreme Court · Decided July 1, 1855 · Heydehfeldt
5 Cal. 62

St. George Scarlett v. Lamarque

Opinion of the Court

Heydehfeldt, J., delivered the opinion of the Court.

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.

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