Tappendorff v. Downing
California Supreme Court
Appeal from a judgment of the Superior Court of Humboldt County, and from an order refusing a new trial. The action was brought to recover the possession of certain land lying along the bank of Eel River, in Humboldt County, which had been formed by accretion to the fractional southeast quarter of the northwest quarter of section 25, in township 3 north, range 2 west, Humboldt meridian.
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Appeal from a judgment of the Superior Court of Humboldt County, and from an order refusing a new trial. The action was brought to recover the possession of certain land lying along the bank of Eel River, in Humboldt County, which had been formed by accretion to the fractional southeast quarter of the northwest quarter of section 25, in township 3 north, range 2 west, Humboldt meridian. Prior to 1859, the United States government, by its patent, conveyed the said fractional quarter of the quarter-section to one G. G. Dudley. The patent described the land as containing 19.62 acres, which was…
1Opinion of the Court
Hayne, C.
In this case, we think that the land formed by accretion was part of the adjoining fractional quarter-section, and that, therefore, the accretion passed by the deeds conveying the fractional- quarter by its number. The statement of the quantity of land. conveyed by a deed is not controlling.
With reference to the statute of limitations, if we assume that the appellant’s specification is sufficient to raise the question (which is doubtful: See Barstow v. Newman, 34 Cal. 91; Goodrich v. Van Landigham, 46 Cal. 603), we do not think the evidence shows a case of adverse possession by the…
2Cases cited1 opinion
- Odd Fellows' Savings Bank v. BantonCalifornia Supreme Court · 1873
3Cited by7 opinions
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- White v. State of CaliforniaCalifornia Court of Appeal · 1971
- Braddock v. WilkinsSupreme Court of Oklahoma · 1938
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