McNoble v. Justiniano
California Supreme Court
Appeal from a judgment of the Superior Court of Calaveras County. The action was brought to recover the possession of certain land forming part of a tract of 160 acres alleged to belong to the plaintiff. The defendant pleaded the statute of limitations.
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Appeal from a judgment of the Superior Court of Calaveras County. The action was brought to recover the possession of certain land forming part of a tract of 160 acres alleged to belong to the plaintiff. The defendant pleaded the statute of limitations. The court found that for more than ten years prior to the commencement of the action the defendant had been in the actual, exclusive, uninterrupted, and continuous possession of the land, claiming the same in his own right, and that during this period • the entire 160 acres had been assessed to the plaintiff, and the taxes thereon paid by her.…
1Opinion of the CourtMcKinstry, J.
The demanded premises are described in the complaint, and are a portion of a larger tract of *396160 acres. The court found that taxes were assessed on the 160-acre tract for the fiscal years 1877-78, 1878-79, and 1879-80; that they were assessed to and paid by the plaintiff, and that defendant paid none of the taxes.
The proviso to section 325 of the Code of Civil Procedure reads as follows:—
“ Provided, however, that in no case shall adverse possession be considered established under the provisions of any section or sections of this code unless it shall be shown that the land has bpen…
2Cited by9 opinions
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- Coonradt v. HillCalifornia Supreme Court · 1889
- Reynolds v. WillardCalifornia Supreme Court · 1889
- McDonald v. DrewCalifornia Supreme Court · 1893
- Blayden v. MorrisIdaho Supreme Court · 1923
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