FREDERICK HOFFMAN et al., Appellants, v. CHARLES FELT, Respondent, 1 Cal. Unrep. 369

SANDERSON, J. It was not error to nonsuit the plaintiffs upon the opening statement of their counsel. The plaintiffs cannot recover in ejectment without title, or prior possession, which is evidence of title. According to the statement of counsel the plaintiffs have neither. What other remedy they may have is not involved in this case. Judgment affirmed. We concur: Shatter, J.; Rhodes, J.; Currey, C. J.