Section 1142. Remedy of person evicted for rents and profits  


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  • A person
      evicted as prescribed in this article may, if the presumption upon which
      he is evicted is erroneous, maintain an action against  the  person  who
      has  occupied the property, or his executor or administrator, to recover
      the rents and profits of the property, during the occupation, while  the
      person upon whose life the prior estate depends is or was living.