Daubenbiss v. White

Citations

• 3 Cal. Unrep. 590
• 31 P. 360
• 1892 Cal. LEXIS 1063

Syllabus

<p>Public Land—Ouster of Occupant—Abandonment.—An occupant of public land who is ousted by a stranger will not be presumed to have abandoned his right to possession, where, after a contest for a year, he ceases to contend against a superior force maintaining an armed resistance.</p> <p>Public Land.—In Ejectment to Recover Possession of public land, plaintiff claimed under a deed from D., who had occupied the land without color or claim of title. There was no evidence of any act of possession on plaintiff’s part, and several witnesses testified that defendants were in possession of the land in July, 1889. Held, that the evidence did not support a finding that D. sold and delivered possession to plaintiff in August.</p> <p>Deed—What Transferable by.—Bare Right of Possession, without claim or color of title, cannot be transferred by deed, nor otherwise than by the former possessor yielding up or abandoning the possession, and permitting a new possession to be taken by another.</p>