McDonald v. Drew

Citations

• 97 Cal. 266
• 32 P. 173
• 1893 Cal. LEXIS 528

Syllabus

<p>Prescription — Adverse Possession — Division Fence — Payment of Taxes.—Where the division fence between coterminous owners oi land was so located as to place a strip of land belonging to one of the coterminous owners upon the side of the other coterminous owner, and the fence so remained for a period of more than five years, but the lots were assessed for taxes yearly to each' owner simply by reference i o their number, without mention of the fence, or reference thereto, and paid by each owner as thus assessed, the possession of the owner on whose site the strip of land was located was not adverse as to such strip, and he could not acquire a prescriptive title thereto for want of payment of all taxes assessed upon the strip of land during the five years of the alleged adverse possession.</p>