Cox v. Clough

Citations

• 70 Cal. 345
• 11 P. 732
• 1886 Cal. LEXIS 792

Syllabus

<p>Water Rights—Adverse Possession and User—Claim of Right. —An adverse possession and user of water for five years continuously and uninterruptedly, with the knowledge of and to the injury of the true owner, will bar the right of the latter thereto; but a mere claim of right to the use and enjoyment of the water, however long continued, will not have that effect.</p> <p>Id.—Statute of Limitations—Denial of Right to Possession.—The mere denial by the owner of the right of the adverse user to the possession of the water is not a sufficient interruption thereof to prevent the statute of limitations from operating as a bar.</p> <p>Id.—Findings — Evidence.—The findings on the plea of the statute of limitations examined, and held sufficient, and supported by the evidence.</p>