Mathews v. Ferrea

Citations

• 45 Cal. 51

Syllabus

<p>Prescription Must be Pleaded.—A defendant, in an action for the diversion of water, cannot have the benefit of an adverse user or prescription as a defense, unless it is set up in the answer.</p> <p>Prescription as Against the United States.—Prescription or adverse user cannot mature into a title as against the United States.</p> <p>Prescription as Against a Purchaser prom the United States. Prescription will not avail as a defense as against one who purchased from the United States, unless the user has been adverse for the requisite period after the title passed from the United States.</p>