City of San Francisco v. Fulde

Citations

• 37 Cal. 349

Syllabus

<p>Five Years Adverse Possession.—An adverso possession of land for five years continuous in tho party who first becomes the adverse possessor, or in him and his grantees and successors in interest, is requisite to acquire title by the Statute of Limitations.</p> <p>Idem.—A party, in order to mako up five years adverse possession of land, cannot add to his own possession that of Ike one who preceded him, when he did not enter into possession under or through the ono who preceded him.</p> <p>Idem.—To work out tho Statute of Limitations requires an actual possession, not an assertion of possession by words or an action; and if the continuity is broken, either by fraud or a wrongful entry, the protection given by the Statute of Limitations is lost.</p> <p>Idem.—If tho person claiming the benefit of the Statute of Limitations has not been in possession five years, but claims to add the possession of his predecessor to his own, his predecessor will bo deemed to have held in subordination to the true title, unless he shows a privity between himself and his predecessor, and if he does not show this privity, he cannot dispute this presumption and show that his predecessor did hold adversely.</p> <p>Construction op Stipulation.—If, in ejectment, where five years adverse possession is pleaded, tho parties stipulate that the plaintiff was never in possession, but tho stipulation admits title to have been in the plaintiff, tho stipulation will be construed as referring to actual possession.</p>