Johnson v. Dyke

This is an action of ejectment to recover the possession of certain premises situated in Mariposa county. The plaintiff deraigns title from Fremont, to whom a patent was issued by the United States on the nineteenth of February, 1856. The defendant relies upon an adverse possession founded upon color and claim of title, exclusive of any other right, for the period of five years previous to the commencement of the action; and contends that, under the limitar tion Act of 1855, the action is barred. That act provides that “ no action for the recovery of real property, or for the recovery of the…