California Supreme Court, 1858

Treat v. Liddell

California Supreme Court · Decided July 1, 1858 · Terry

10 Cal. 302

Cases that cite this one

6 later published cases cite this decision.

Bates v. Howard (Cal. 1894)
Austin v. Gagan (Cal. 1892)
Ralph v. Lomer (Wash. 1891)
People v. Lum Yit (Cal. 1890)
Chauvin v. Valiton (Mont. 1888)
Newton v. Brown (Utah 1880)

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

Terry, C. J., delivered the opinion of the Court

Baldwin, J., and Field, J., concurring.

*303There is no misjoinder of parties plaintiff; the action does not arise upon contract, but in tort. By failing to pay rent when demanded, the contract under the lease was determined, and the possession of the defendants was, from that time, tortious.

The question of title to the property does not arise ; the lease is evidence, not of title in the plaintiff, but of the fact of actual possession prior to defendants’ entry, and of the fact that defendants acquired possession under them.

The verdict and evidence are conclusive that the judgment recovered by Hoe against defendants was collusive, and was suffered with intent to defraud plaintiff. It was, therefore, void as to them. (See section 20 of the Statutes of Frauds, Wood’s Digest, 107.)

There being no error in the record, judgment is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.