Smith v. Byer

PAULSEN, J. pro tem.*

Appellant commenced this action to quiet title to property in the city of Richmond and relied on five years adverse possession. The court rendered judgment in favor of respondent on the sole ground that appellant had not paid all taxes that had been levied and assessed upon such land. The appeal is from the judgment.

*119Respondent concedes that if appellant paid the taxes in full he must prevail.

The applicable statutory law is found in section 325 of the Code of Civil Procedure, and reads:

“Por the purpose of constituting an adverse possession by a person claiming title, not…