Lovell v. Frost
California Supreme Court
Appeal from the District Court of the Third Judicial District, Santa Clara County. Ejectment to recover possession of a tract of one hundred and thirty-four acres of land in Santa Clara County.
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Appeal from the District Court of the Third Judicial District, Santa Clara County. Ejectment to recover possession of a tract of one hundred and thirty-four acres of land in Santa Clara County. Henry Haslett, the deceased, settled on it in 1857 or 1858, and inclosed it and built a house on it, and resided on it, and claimed it to be public land, but at the same time determined to buy the title if it should prove to be a part of the pueblo lands of the City of San José, or part of the Santa Teresa Banch. He died in possession of it, in October, 1868. The land proved to be part of the Santa…
1Opinion of the Court
By the Court, Rhodes, J.:
The only question in this case, is whether the plaintiff’s intestate acquired title to the premises by adverse possession, under the operation of the Statute of Limitations. The premises are a part of the Santa Teresa Rancho, and the survey of the rancho having been confirmed, the premises were set off, in an action of partition, to the defendant. The Court did not expressly find whether the plaintiff’s intestate did or did not hold the premises adversely during the period of five years, but as the judgment was for the defendant, it will be presumed that the finding…
2Cited by19 opinions
- Unger v. MooneyCalifornia Supreme Court · 1883
- City of Oakland v. Oakland Water Front Co.California Supreme Court · 1897
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
- Tatterson v. KehrleinCalifornia Court of Appeal · 1927
- West v. EvansCalifornia Supreme Court · 1946
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