St. George Scarlett v. Lamarque
California Supreme Court
St. George Scarlett v. Lamarque, 5 Cal. 62 (Cal. 1855)
Heydehfeldt
St. George Scarlett v. Lamarque
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.
Reference
- Full Case Name
- ST. GEORGE SCARLETT v. B. L. LAMARQUE and others
- Status
- Published
- Syllabus
- 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.