Reynolds v. Lincoln
California Supreme Court
Appeal from an order of the Superior Court of Sacramento County refusing a new trial. The action was brought to recover the possession of certain land.
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Appeal from an order of the Superior Court of Sacramento County refusing a new trial. The action was brought to recover the possession of certain land. The defendants set up the defense of the statute of limitations, and gave evidence tending to show that in 1867 they had in good faith entered into possession of the land in controversy, claiming title thereto under a tax deed which was afterwards adjudged void, and ever since, up to November, 1878, have remained in the adverse possession thereof under such claim of title. The further facts are stated in the opinion.
1Opinion of the Court
Foote, C.
— This is an action of ejectment brought to obtain the possession of certain land lying in the county of Sacramento. The defendants had judgment rendered in their favor, and from an order denying the plaintiff a new trial he has appealed. Taking all the instructions emanating from the court, at the instance of the respective counsel and of its own motion, and giving them an unstrained interpretation, we think that they were correct. The jury were in effect told, inter alia, that the plaintiff’s paper title should enable him to recover in the action, unless they were satisfied from…
2Cited by1 opinion
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