Cannon v. Union Lumber Co.

Citations

• 38 Cal. 672

Syllabus

<p>Constructive Possession created by Entry under a Deed. —To enable a party to maintain a constructive possession of a large tract of land by the actual possession of a small portion of it, under a deed, it must appear that he entered under his deed, and founded liis claim upon it, in good faith.</p> <p>Idem.—A person who takes a deed from a stranger to \the\ land, for the purpose of adding a constructive possession of a larger tract, to the actual possession of a smaller tract, obtains none of the benefits of a constructive possession thereby.</p> <p>Per Crockett, J.:</p> <p>Idem.—If the land conveyed is known to the parties to the conveyance to be a part of the public domain, to which the grantor has no title or color of title, an entry under the deed gives no constructive possession to any portion of it.</p> <p>The eases of Sides v. Coleman, and Ayres v. Bensley, questioned.</p>