Legal Opinion

Sheils v. Haley

California Supreme Court

Decided July 27, 1882No. 8,208PublishedCited by 5 opinions

Appeal from an order overruling defendants’ demurrer to plaintiff’s complaint and from a judgment for plaintiff and from an order denying a new trial in the Superior Court of the County of Sacramento. Denson, J. Action to quiet title. The defendant in his answer denied the allegations of the complaint, and alleged an adverse possession of over six years prior to the commencement of the suit.

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Appeal from an order overruling defendants’ demurrer to plaintiff’s complaint and from a judgment for plaintiff and from an order denying a new trial in the Superior Court of the County of Sacramento. Denson, J. Action to quiet title. The defendant in his answer denied the allegations of the complaint, and alleged an adverse possession of over six years prior to the commencement of the suit. The Court found as follows: In the year 1868 one Edward Cadwalader was the owner of, and in possession of the west half of lot three, in the block bounded by G and H and Eighth and Ninth streets, in the…

1Opinion of the Court

The Court:

The title to the property in question was in the plaintiff; possession follows the title unless the contrary appear. The evidence does not show that defendant was in the adverse possession of the property prior to January, 1881.

Judgment and order affirmed.

2Cited by5 opinions

  1. Janke v. McMahonCalifornia Court of Appeal · 1913
  2. Danielson v. NealCalifornia Supreme Court · 1913
  3. Breen v. DonnellyCalifornia Supreme Court · 1887
  4. Edwards v. TenneyIdaho Supreme Court · 1944
  5. Austin v. AndrewsCalifornia Supreme Court · 1886

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