Pickard v. Kelley
Cases that cite this one
1 later published case cites this decision.
- Goodwin v. McCabe (Cal. 1888)
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
To maintain an action of forcible entry there must be an actual and peaceable possession in the plaintiff. ( Vall v. Butler, 49 Cal. 75 ; sec. 1172, Code Civil Procedure.)
The certificate of pre-emption would not even give a right of possession, and certainly would not prove the fact of possession.
A deed is not admissible in evidence to show possession, or to show a right of possession. (Sanchez v. Louregro, 46 Cal. 641.),
The “ certificate of pre-emption ” did not tend to show actual possession in the plaintiff, and the Court below erred in admitting it in evidence.
Judgment and order reversed, and calase remanded for a new trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.