Kimball v. Lohmas

Citations

• 31 Cal. 154

Syllabus

<p>Construction of Findings of Fact.—Where there are several findings of fact, and a question arises as to their construction, they must be read together for the purpose of ascertaining the precise shade of meaning intended.</p> <p>Common Law.—Th^ common law rule in relation to the right of the owner of land to recover possession of cord wood cut on the land by one in possession without color of title, commented on.</p> <p>.Adverse Possession op Land.—Adverse possession, which will set the Statute of Limitations in motion, is of two kinds : First—Where possession is taken without color of title, hut with intent to claim the fee against all comers; Second—Where possession is taken under a claim of title founded on a written instrument or a judgment of a Court of competent jurisdiction.</p> <p>Action to recover Wood cut on Plaintiff’s Land.—Where the defendant is-in the adverse possession of land as a trespasser, without color of title, he is not in a position, before the Statute of Limitations has run, to contest the title of the true owner in such a sense as to defeat a personal action brought by the true owner to recover wood cut by him on the land.</p> <p>Personal Action for Wood cut on Realty.—The true owner of land may maintain replevin to recover wood cut on the land by one in possession of the same without color of title.</p> <p>Owner op Fee owns Wood after it is Cut.—Woodcut by one in possession of land without title is the property of the owner of the fee.</p> <p>Query?—Is not the owner of land entitled to recover possession of wood cut on the same by one in possession thereof in good faith,-under color of title ?</p> <p>Case Affirmed.—JSalleeh v. Mixer, 16 Cal. 574, affirmed.</p>