Alvarado v. Nordholt

Citations

• 95 Cal. 116
• 30 P. 211
• 1892 Cal. LEXIS 793

Syllabus

<p>Adverse Possession—Co-tenancy—Questions of Fact.—Whether a party, claiming title to land by adverse possession, entered into the possession acknowledging himself to be a co-tenant, or whether he entered claiming the whole title, and whether his possession thereafter was adverse and of snch notoriety that his alleged co-tenants must he presumed to have known of his exclusive ownership, are questions of fact for the trial court to determine from all the circumstances.</p> <p>Id. — Evidence of Ouster of Co-tenant — Entry under Administrator’s Deed—Notice of Exclusive Ownership. —Evidence that the defendants in an action of ejectment, and their predecessors, received all the rents of the property, and paid all taxes assessed against it, for over twenty years, and paid all street-improvement assessments charged thereon, and that the predecessor of the defendants entered under an administrator’s deed of the land, and always claimed to be the owner of the property, and that his claim was open and notorious, and generally known to the community, warrants the court in finding an ouster of alleged co-tenants, and that they had notice of his claims of exclusive ownership, and that his possession was adverse to them.</p> <p>Id.—Statute' of Limitations — Disability — Infancy—Suspension op Statute. — Where a person who could have maintained an action to recover her interest in land during her lifetime dies, the running of the statute of limitations is not suspended during the minority of one who claims the property under the decedent.</p> <p>Patent — Ejectment — Evidence — Offer of Proof—Publication of Notice of Survey after Patent — Objections to Survey. —An offer by the plaintiff, in an action of ejectment to recover land within the former pueblo of Los Angeles, to prove that there was no publication of notice of the survey and plat upon which was based the patent to the city of Los Angeles, under which the defendant claims, prior to the issuance of the patent, and that the