Labory v. Los Angeles Orphan Asylum

Citations

• 97 Cal. 270
• 32 P. 231
• 1893 Cal. LEXIS 529

Syllabus

<p>Real Property — Constructive Possession •— Adverse Possession by Intruder — Color of Title. — Title to land draws to it the possession, and it remains with the owner of the legal title until he is divested of it by an actual adverse possession; and while he is in actual possession of a part of the premises, he has constructive possession of the remainder, and can be ousted by a mere intruder only to the extent of the actual occupation of such intruder; and no entry by an intruder under color of title to the whole tract can give him a constructive possession which would oust or supersede the constructive possession of the real owner.</p> <p>Id.—Public Lands — Possession by City — Judicial Notice.—The court will take judicial notice of the actual possession by a city of part of its public lands, and of its constructive possession of the remainder.</p> <p>Id. — Quieting Title — Defense of Prescription — Payment of Taxes. — In an' action to quiet title to land, where it appears that the land was originally a part of the pueblo lands of a city, under conveyances from which the defendant and its predecessors held the legal title of record, and that neither the plaintiff nor his predecessors in interest, who claimed a title by prescription to the whole tract by virtue of their actual possession of part of it, had paid the taxes assessed upon the land after April 1, 1878, but that defendant and its predecessors in interest, to whom they had been assessed, had continuously paid the same after said date, the defense of prescription cannot be sustained.</p> <p>Id. — Right of Corporation to Defend Action — Record of Copy of Articles — Evidence — Appeal — Objection for First Time — Waiver. — An objection that a corporation defendant in an action to quiet title to land had not proved a compliance with the provisions of section 299 of the Civil Code, requiring all corporations to file a certified copy of the copy of its articles of incorporation in every county in which it hold