Miller v. Bensinger

Citations

• 3 Cal. Unrep. 704
• 31 P. 578
• 1892 Cal. LEXIS 1038

Syllabus

<p>Ejectment—Adverse Possession—Evidence.—In Ejectment for a Strip of land a few inches in width between adjoining lots, where it appeared that defendant had been for about twenty-five years in possession of the strip, which was by a survey included in his deed, when another survey was made, showing the strip to belong to plaintiff's lot, defendant’s testimony that his occupancy was under a claim of right to hold the same adversely to plaintiff and the whole world is sufficient to support a finding for defendant as by prescription, though it also appeared that after the latter survey defendant offered to surrender the strip if plaintiff would pay the expense of moving the house which extended onto it.</p>