Baldwin v. Durfee

Citations

• 116 Cal. 625
• 48 P. 724
• 1897 Cal. LEXIS 1

Syllabus

<p>Statute of Limitations—Adverse Possession—Continuous Inclosure —Temporary Interruption by Flood.—Although, in a general sense, one who relies upon adverse possession by an inclosure must show a continuous and uninterrupted possession thereby, for the term of five years, yet a mere temporary destruction of portions of the inclosure, during flood times, which are repaired within a reasonable time thereof, does not break the continuity of the possession, nor defeat the statute of limitations. ,</p> <p>Id.—Proof of Payment of Taxes.—Where there is no evidence in the record to show that the land in dispute was assessed to any one but the defendant, and it fairly appears from defendant’s testimony that he paid ail taxes assessed and levied thereon, a sufficient compliance is shown, with the statute of limitations as to the payment of taxes.</p>