Walton v. Sikes

The most important question involved in this case is this: Must the “adverse claim of title,” specified in the Civil Code (1910), § 5587, be founded upon some written evidence of title ? Counsel for the plaintiff insists that such claim of title must rest upon some writing which upon its face purports to convey the land to the party asserting such claim of title. The argument in support of this contention is, that, prior to the act of December 21, 1897, (§ 5587), the value of permanent improve*425ments could be a set-off only against mesne profits, and then only when made by one bona fide in…