Hutton v. Schumaker

Citations

• 21 Cal. 453

Syllabus

<p>The mere inclosure of a lot with brush fence from two to three feet high, without any other steps being taken to subject the property to any use, is not sufficient evidence of ownership or right of possession in the plafnitff to sustain ejectment against one subsequently entering upon the premises.</p> <p>Per Norton, J.—What acts done upon land will constitute such a possession as will enable a party to maintain an action of ejectment against one afterward entering, may depend upon the intent with which such acts were done, to be gathered from the acts themselves and other surrounding circumstances.</p>