Langford v. Poppe
California Supreme Court
Appeal from a judgment for the plaintiff, and from an order denying a new trial in the Fifth District Court, County of San Joaquin. Booker, J. Ejectment to recover the south-west quarter of Section 11, T. 4 S., B. 8 E., Mt. Diablo meridian—the complaint alleging ownership in fee, and an ouster, *on the 1st day of February, 1874. The river Mokelumne runs across the southern part of the quartcr-scction, about parallel with the southern boundary.
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Appeal from a judgment for the plaintiff, and from an order denying a new trial in the Fifth District Court, County of San Joaquin. Booker, J. Ejectment to recover the south-west quarter of Section 11, T. 4 S., B. 8 E., Mt. Diablo meridian—the complaint alleging ownership in fee, and an ouster, *on the 1st day of February, 1874. The river Mokelumne runs across the southern part of the quartcr-scction, about parallel with the southern boundary. The Court found that on the day named the plaintiff was the owner and entitled to the possession of the land in controversy, except a parallelogram…
1Opinion of the Court
McKinstry, J.:
The only question to be considered is, whether the plaintiff can recover upon a title acquired through or by means of the Statute of Limitations. It is not necessary to determine whether the effect of possession under the statute is to transfer to the actual occupant the title of one previously the real owner, or to create a new title in the possessor—the title of the previous owner and his right to assert it becoming extinguished at the expiration of the period of adverse possession. It was said by Sawyer, C. J., in Cannon v. Stockmon, 36 Cal. 540: “ When a party has been in…
2Cases cited4 opinions
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- Arrington v. LiscomCalifornia Supreme Court · 1868
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