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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