Kimball v. Stormer

Citations

• 65 Cal. 116
• 3 P. 408
• 1884 Cal. LEXIS 467

Syllabus

<p>Ejectment—Adverse Possession—Color oe Title,—A defendant in ejectment, who claims under color of title a large tract of land, including a smaller tract for which plaintiff sues, and to which he shows title in fee, cannot establish an adverse possession of the land of plaintiff by proving actual possession of a portion of the larger tract not extending, to any of the land claimed by the plaintiff.</p> <p>Enromas—Waiver—Presumption.—In support of the presumption that the trial court has performed its duty, this court will presume that findings were waived when none appear in the transcript. But this presumption has no force when a writing clearly intended to be a finding upon a material issue appears to have been filed by the judge of the court below.</p>