Castelletto v. Bendon

BISHOP, J. pro tem. *

Plaintiffs sought by this action to have it declared that three buildings, erected upon defendants’ lot, but which stand in part on plaintiffs’ property, were a continuing trespass and nuisance there, and should be removed. Among other defenses pleaded was the statute of limitations, subdivision 2 of section 338, Code of Civil Procedure, being specifically mentioned. We find that the statute of limitations pleaded precludes any judgment in plaintiffs’ favor, and are reversing, on defendants’ appeal, the judgment awarding plaintiffs a small sum in damages and providing for…