Murphy v. Dafoe

Citations

• 18 S.D. 42
• 99 N.W. 86
• 1904 S.D. LEXIS 19

Syllabus

<p>1. Evidence of the declarations of a person in possession of realty, that he was acting as agent, is admissible.</p> <p>2. In a suit to quiet title, a finding of the court below on conflicting evidence will not be disturbed where the reviewing court is unable to say that there was a clear preponderance of evidence against it.</p> <p>3. Code Civ. Proc. §48, defines adverse possession under color of title, as consisting, among other things, in the use of the property for the supply of fuel or of fencing timber. Held, that the cutting of firewood for the use of his family, by an agent having the care and control of property, constituted an act of possession under the statute.</p> <p>4. Under Code Civ. Proc. § 47, providing that when it shall appear that an occupant entered into possession under claim of title, exclusive of any other right, founding such claim on a written instrument, as being a conveyance of the premises, and there has been a continuous occupation, etc., the premises shall be deemed to have been hold adversely, a tax deed under which possession is taken is sufficient color of title, though invalid..</p> <p>5. A patentee of real estate left the country about 1875, and did not after-wards return. His brother lived within a mile and a half of the premises, and claimed to havo been put in charge thereof, but neither paid taxes nor asserted any title after 1880. For 23 years the claimants under a tax deed paid the taxes, and made valuable improvements on the property. Held, that the patentee and his grantee were estopped from claiming the property.</p>