Dougherty v. Miles

Citations

• 97 Cal. 568
• 32 P. 597
• 1893 Cal. LEXIS 591

Syllabus

<p>Estates of Decedents — Probate Sale — Distribution of Estate to Heir — Adverse Possession — Prescriptive Title. — Where the purchaser at a probate sale never took possession of the purchased premises, and an heir of the decedent, representing all the title cast by inheritance, entered upon the land while unoccupied, made improvements thereon, and for nearly twenty years was in actual possession of part of the land, claiming the whole, and, six years after his entry upon the land, obtained a final decree of distribution of the estate of the decedent, distributing the whole of the land to him, and paid all taxes thereon from a date prior to such distribution, without any protest, interference, or interruption of possession by the purchaser at the probate sale or his representatives, his adverse possession extended to the boundaries held by the ancestor and described in the decree of distribution.</p> <p>Id. — Quieting Title — Description of Land — Evidence — Map of Premises—Immaterial Ruling. —In an action brought by such heir to quiet his title to the distributed premises as against the representatives of the purchaser at the probate sale, where the complaint describes the premises by metes and bounds, and there is no question as to the identity of the land distributed with that sold under the probate order, the refusal to admit in evidence a map referred to in the complaint, when offered by the defendants, in so far as it was offered for the purpose of identifying the land sold under the probate order, though admitted for all other purposes, is immaterial.</p>