Chandler v. Douglas

Gilbert, J..

The one special ground of the motion for a new *13trial is based upon, the contention that since the uncontradicted evidence shows that the claimant entered into possession as a tenant of the Fidelity Loan & Savings Company, his possession was not adverse, but permissive, and that though he afterwards purchased the property, obtaining, first a bond for title, and later a warranty deed, he was never in such adverse possession that title by prescription would ripen. The Civil Code (1910), § 416-1, provides: “Possession to be the foundation of a prescription must be in the right of the…