Millett v. Lagomarsino

Citations

• 4 Cal. Unrep. 883
• 38 P. 308

Syllabus

<p>Adverse Possession—Notice.—In 1873 Plaintiffs’ Grantor Entered into possession of a number of lots, including the one in controversy, under a three-year lease, and retained possession of them till 1892. In 1882 he received a deed to the lot in question from a tax sale purchaser thereof, which was duly recorded, but he performed no act to change the character of his possession, and gave no notice that it was hostile. Before 1882 the lot was used by him as a cow pasture, in subordination to the owner’s title. Held, that such possession did not constitute notice to the owner of said lot of the adverse character thereof.</p> <p>Quieting Title—Res Judicata.—A Judgment Rendered in an Action for an unlawful entry of certain lands has no effect upon a subsequent action between the same parties to quiet title to said lands.1</p> <p>Quieting Title—Pleading.—It is not Necessary for Plaintiff in an action to quiet title to certain lands to allege the source of such title, although his title was acquired by adverse possession.</p> <p>Adverse Possession—Notice.—The Record of a Deed from the Owner of the tax title to one already in possession under permission of the owner does not affect the owner with notice that the possession of the grantee thereafter is adverse to his title.</p>