Unger v. Roper
California Supreme Court
Appeal from, the District Court of the Twelfth Judicial District, City and County of San Francisco. The action was ejectment for one-third of a fifty-vara lot in San Francisco, and was commenced May 17th, 1871. The defendant pleaded the Statute of Limitations, deraigning title from E. J. Baldwin, by a deed dated May 9th, 1862, and claiming continuous adverse possession for more than five years thereafter.
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Appeal from, the District Court of the Twelfth Judicial District, City and County of San Francisco. The action was ejectment for one-third of a fifty-vara lot in San Francisco, and was commenced May 17th, 1871. The defendant pleaded the Statute of Limitations, deraigning title from E. J. Baldwin, by a deed dated May 9th, 1862, and claiming continuous adverse possession for more than five years thereafter. The plaintiff deraigned title from A. Wolf, by deed of May 7th, 1871. At the trial it appeared that Wolf had claimed title to the whole fifty-vara lot since 1853, through possession of L. P.…
1Opinion of the Court
By the Court :
There certainly was evidence tending to show that defendant was in the adverse possession continuously of the premises in controversy, for more than five years from May, 1862. The judgment-roll in the forcible-entry case was admissible, as tending to show that such adverse possession continued at least until July, 1867.
Appeal from judgment dismissed, and order denying new trial affirmed. Remittitur forthwith.
2Cited by2 opinions
- McCourtney v. FortuneCalifornia Supreme Court · 1881
- Fredericks v. JudahCalifornia Supreme Court · 1887