Legal Opinion

Central Pacific Railroad v. Shackelford

California Supreme Court

Decided March 23, 1883PublishedCited by 23 opinions

Appeal from a judgment of the Superior Court of Colusa County. The action was ejectment. The remaining facts are stated in the opinion of the court., and in the dissenting opinion of Mb. Justice McKee.

1Opinion of the CourtSharpsteih, J.

The record shows that the defendant had been in the adverse possession of the demanded premises more than three years before the legislature amended section 325 of the Code of Civil Procedure by adding thereto the following proviso: “Provided, however, that in no case shall adverse possession be considered established under any section or sections of this Code unless it shall be shown that the land has been occupied and claimed for the period of five years continuously, and the party or persons, their predecessors and grantors, have paid all the taxes, State, county, or municipal, which have…

2Cited by23 opinions

  1. Unger v. MooneyCalifornia Supreme Court · 1883
  2. Webber v. ClarkeCalifornia Supreme Court · 1887
  3. West v. EvansCalifornia Supreme Court · 1946
  4. In Re the Estate of FreesCalifornia Supreme Court · 1921
  5. Vallejo & Northern Railroad v. Reed Orchard Co.California Supreme Court · 1918

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