Hardy v. Sexton

Citations

• 2 Cal. Unrep. 423
• 5 P. 162
• 1884 Cal. LEXIS 804

Syllabus

<p>Partition—Evidence.—In an Action for Partition, where plaintiffs allege title in themselves to the undivided one-half of the premises and in defendants to the other undivided one-half, and defendants deny plaintiffs’ title, allege title in themselves to the whole, and plead the statute of limitations, on the trial, after defendants have proved the entry of their grantor under one H., it is competent for the plaintiffs to show that H. acquired his title from B., who had been joint owner with plaintiffs’ predecessor in interest, to the end that it might be determined whether the acts of defendants and their grantors had been sufficient to bar the plaintiffs’ right of recovery.</p>