Hayes v. Martin

Citations

• 45 Cal. 559

Syllabus

<p>Adverse Possession.—An adverse possession does not ripen into a title unless continued for five years.</p> <p>Judgment for Defendant in ¡Ejectment.—If the plaintiff in ejectment shows title, and the defendant relies on adverse possession, and only shows an adverse possession of a part of the demanded premises, a judgment in his favor for all the demanded premises is erroneous.</p> <p>Idem.—In such case the Supreme Court cannot direct the Court below what part of the demanded premises to give the defendant judgment for, unless the record contains a correct description of that part of the demanded premises to which the defendant is entitled.</p> <p>Statute of Limitations as to Mexican Grant.—The pendency of proceedings for the approval of a survey of a Mexican grant of land, does not stop the running of the Statute of Limitations in favor of one in the adverse possession.</p> <p>Claiming Land Adversely.—One who relies on title by adverse possession, to land included in a Mexican grant, need not show that he claimed adversely to the United States, but it is sufficient if he shows that he claimed adversely to the title on which the plaintiff relies.</p> <p>Effect of Tax Sale on Statute of Limitations.—One who is in tho adverse possession of land does not impair his right to rely upon the Statute of Limitations by purchasing the land at a tax sale, unless he makes the purchase for the owner under an agreement to have a lease of the land or a portion thereof, which would amount to a recognition of the owner’s title and stop the running of the statute.</p>