Citations
- 51 Cal. 440
Full opinion text
By the Court:
It should have been stated in the complaint, if such were the fact, that the rents in controversy accrued subsequently to the entry of the decree in partition, for it is upon this proposition, in the main, that the right of the plaintiffs to those rents would rest. There is no such averment found in the complaint in direct terms; nor do its allegations, fairly construed, amount to such an averment.
Judgment affirmed.