Lovell v. Frost

Citations

• 44 Cal. 471

Syllabus

<p>Finding on Facts.—If the Court, in its findings, do not expressly find on an issue made, it will be presumed that the finding on such issue was in favor of the party who prevailed in the action.</p> <p>Statute on Limitations.—A party, in order to acquire title to land by the Statute of Limitations, must not only have a possession adverse to the true owner, but also must claim the title as against the owner during the entire statutory period.</p> <p>Idem.—If a party in possession of land offers to purchase it from the true owner, and this offer is made, not merely-to buy an outstanding or adverse claim in order to quiet his possession or protect himself from litigation, the offer is a recognition of the owner’s title, and will stop the running of the statute.</p> <p>Erroneous Finding on Immaterial Point.—A new trial will not be granted because the Court made an erroneous finding on an immaterial point.</p>