Dodge v. Yates

Citations

• 76 Cal. 251
• 18 P. 323
• 1888 Cal. LEXIS 869

Syllabus

<p>Public Lands—Prior Possession—Right of Possession—Inclosure— Indicia of Ownership. —In an action of ejectment for public lands, in which the plaintiff bases his right of recovery upon prior possession, the question is for the jury to determine whether or not the artificial barriers erected by the plaintiff, and his acts of dominion, were sufficient to notify the public that the land was appropriated, and to impart to the claim of appropriation the characteristic notoriety and indicia of ownership.</p> <p>Id.—Grantee of Prior Possessor—Constructive Possession.—Subsequent Intruder into Possession.—The grantee from an actual prior possessor of a tract of public land, the whole of which has been inclosed with a substantial fence, and on which valuable improvements have been erected, by entering into the actual possession of a portion of the tract, acquires a constructive possession of the whole as against a subsequent intruder.</p> <p>Id. — Possession by Agent or Tenant. —la order that the grantee may succeed to the right of possession of his grantor, it is not necessary that he should have a personal residence on the land, or should personally cultivate it. It is sufficient if he enter into the possession through an agent or tenant.</p>