Arrington v. Liscom

Citations

• 34 Cal. 365

Syllabus

<p>Statute op Limitations—Right op Redemption, when Barred.—The right of the mortgagee to maintain an action on the debt, and to enforce the lien of the mortgage given to secure it, and the right of the mortgagor to maintain an action for the redemption of the property from the lien of the mortgage, are reciprocal; and when one is barred by the Statute of Limitations the other is also barred.</p> <p>Idem—Title Under.—An adverse possession of land for the period of time prescribed by the Statute of Limitations, not only bars the remedy, but practically extinguishes the right of the party having the true paper title, and vests a perfect title in the adverse holder.</p> <p>Statute op Limitations as a Source op Title to Lands—A party who has been in the exclusive adverse possession of lands for a period of time which, under the Statute of Limitations, vests him with a title thereto, may maintain an action against a party claiming under a record title, to have said adverse claim determined and adjudged null and void as against him.</p> <p>Idem.—(t Title to land is the means whereby the owner of lands has the just possession of his property.” A party, under the Statute of Limitations, may acquire an absolute right of possession in lands as against all the world; such a right as, when ousted, will restore him to and effectually protect him in his just possession thereof, even against one having the written title. , An adverse possession, therefore, confers a substantial title, and it is such a title as entitles the holder to all the remedies to quiet his possession that are incident to possessions under written titles.</p> <p>Action to remove Cloud upon Title.—An apparently good record title to land constitutes a cloud upon a title thereto which has been subsequently acquired by adverse possession under the Statute of Limitations, which the holder by adverse possession is entitled to have removed. This statute would have performed but half its mission as a statute of repos