Is a tenant entitled to sue the landlord for possession of a property where the landlord also seeks to invest in the tenant's property?

MultiRegion, United States of America

The following excerpt is from Tavitoff v. Stepovich, 91 F.2d 106 (9th Cir. 1937):

6 35 C.J. 1232, 575, stating, "Where, however, the landlord not only seeks possession but asks that the title be invested in him, the tenant is not estopped from disputing the landlord's title and may set up his own superior title * * *," citing, among other cases, Hambey v. Wise, 181 Cal. 286, 184 P. 9.

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